LCI Learning
Master the Art of Contract Drafting & Corporate Legal Work with Adv Navodit Mehra. Register Now!

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Darrel Coyne (Stock controller)     27 September 2013

Excess working hours

Dear Sirs,

I work as a stock controller for one of the big names in retaling  & this 21st of November 2013 makes 12 years that i have completed in this company & they are trying to get the old staff out of the system & the below explaines all the pressure that they are putting on me & my concern is I have worked out station from the 17th of Aug 2013 till the 18th of Sep 2013( one month) .i am entitled for all the holidays that are attached to Mumbai HO even though my base is Chennai & between the said period government holidays were the 2days, 2 saturday & 5 sundays - worked for 3 days & 2 nights in one shot in one location whit out resting & in 6 other locations 2 days & 1 night (that is 2 days & I night in each location) without rest which was requested by my seniors who held the stock take but my head of operations has not compensated any of the extra hours that i have worked & also disputes my leave because after  i came back from my trip i spent 3 days at office preparing my travel statement.because there is no other work that was assigined to me & i am not entitled for OT.

Kindly let me know what can i do & how to go about it legal

Thanks & Regards

CGD



 1 Replies

Kumar Doab (FIN)     27 September 2013

Firm up your next venture as ap with better company, better position, better remuneration before it is late.

Don’t look at 12Y and 12Y of service.

Once it is clear that employee is unwanted it is better to buy time and exit gracefully without any heartburn on either side.

This is the time when employee should apply goodwill, rapport, exceptional levels of persuasion, persistence, reasoning, negotiation skills                     and resolve the matter in his favor. There are incidences when employees are given extended period of notice to firm up next venture, so that there is no break in service.

 

Who submits Tour Programme for work allotted at HQ/Ex.HQ/ Outstation Locations……………..and who approves it?

Do you have copy of approved TP, approved Expense Statements, and Reimbursement Slips?

One month of outstation work without being back to Location for off days/rest days/holidays may be contestable.

 

You may go thru:

----Tamilnadu Shops and Commercial Establishments Act

CHAPTER VI:HOLIDAYS WITH WAGES: 25,26,27,28…………..

CHAPTER VII:WAGES: 31, 41 and others.

Bombay Shops and Commercial Establishments Act, if that is applicable to you. It is so employee friendly. If you were not located in Mumbai/Maharashtra how it would and leave policy according to it, apply in your case?

Inspector appointed under this enactment can be approached.

---- Tamilnadu Industrial Establishments (National and Festival Holidays) Act 1958.

2(e), 3, 4, 5,……………………..and others.

Inspector appointed under this enactment can be approached.

 

https://www.lawsofindia.org/pdf/tamil_nadu/1958/1958TN33.pdf

The grant of national and festival holidays to employees employed in shops/commercial establishments/establishments to which the Tamilnadu Shops and Establishments Act applies is regulated by the provisions of the Tamilnadu Industrial Establishments (National and Festival Holidays) Act 1958.

“According to this Act every employee of a shops/commercial establishments/establishments shall be allowed in each calendar year a holiday of one whole day with wages on the 26th of January, the first May, the 15th of August and 2nd October and five other holidays with wages of each of one whole day for such festivals as the Inspector appointed for enforcing the Act may in consultation with the employer and the employees specify. The first four holidays are called the "National Holidays" and the next five are called the "festival holidays". The Act gives power to the employer to require his employees to work on a National Holiday or a festival holiday. If the employee is required to work on a national holiday or a festival holiday, he/she should be given twice the wages for that day of work that is (1 + 1) or wages for the national/festival holiday on which he/she worked and a substituted holiday with wages on one of the three days immediately preceding the holiday in which he/she worked or a substituted holiday with wages on one of the three days immediately following the holiday in which he/she worked.”

 

-----Company’s Leave Policy, Policy of compensatory off, Substituted holidays, OT……………..

Who has stated that you are not entitled for OT? Is it in writing?

Are you put in category of ‘Exempted Employees’ by the company’s policy say by certified Standing Orders?

You may again look into def. of Employee and other sections of Shops and Commercial Establishments Act applicable in your case, including section on OT.

Claim for OT should be lodged in reasonable time.

OT should be requested, authorized by company/company’s authorized official.

If you do not claim or establish you were asked to do OT Company might claim that employee was working on his own to complete the pending work.

Obtain written confirmation from company’s personnel/seniors who had asked you to work for extra time even if by email.

Preparing travel statement for the travel undertaken for company’s work is official work and company should grant time for it.

Some officials might have individual/personal opinion that work hours should not be spent on it………………………..

 

3 Days time to prepare Travel Statement seems to be unreasonable, until or unless you justify it.


Attached File : 569010406 tamilnadu 2-shops and estabilishment act- seminar (1).pdf, 569010406 1958tn33.pdf downloaded: 118 times

Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register