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Sourav   29 May 2018

Week off and working hours

Respected Members, I'm working in telecom industry in O&M Billing section. My duty hours is Monday To Saturday from 9:30AM to 6:30PM with 30mins brake, 9 hours a day, 54 hours in a week. As I am a associate employee (off-roll) so they do not pay any over time. I asked my employer about this they reply me that "as per input your duty hours is 9:30 to 6:30, only sunday is week off" where the inputs are made by local HR. As per notice board at workplace duty hours is same but week off is Saturday & Sunday. I asked local HR and got a reply that "On-roll employee have 2 week off days but associate got only one." Is this a healthy HR policy? What kind of legal action I need to take? Thank You.


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 9 Replies

R.Ramachandran (Advocate)     29 May 2018

What do you mean by off-rolls?  Do you mean to say it means a 'contract' employee?

Sourav   29 May 2018

yes. it is contract employee hired from a man power provider/stuffing solution company.

Sourav   29 May 2018


 

R.Ramachandran (Advocate)     29 May 2018

If you are a contract employee, what the Local HR says is correct.  You have no direct contact with the Telecom Company.  

Sourav   29 May 2018

but they do not pay any overtime.

R.Ramachandran (Advocate)     30 May 2018

All questions regarding wages, you have to ask your contractor.

Kumar Doab (FIN)     30 May 2018

While posting such queries employee should post basic information!

What is this establishment; GOvt, private, Commercial, Industrial?

What is its nature of business say; IT, ITeS?

How many persons are employed in it?

What is your designation and nature of duties?

How many persons report to you?

Do you have any power to sanction leave/increment/appoint/terminate/appraise etc etc ?

You are in which state? Since how many months you are working? Are you under probation period or your service is confirmed in writing?

 

Do standing orders (model/certified) apply to establishment and your designation?

What is notice period as per appointment letter/offer letter and what was notice period tendered by you?

Was ever any stinker, memo, show cause notice on any misconduct issued to you?

Does the establishment have its appraisal system? Do you have copy of signed appraisal forms, matrix, KRA’s, performance date? How was your performance?

Are you a member of employee’s/trade unions?

Has the establishment issued/supplied, offer letter, appointment letter, salary slips of all months, PF number and a/c slips of all years, ESIC card, correct FnF statement, Form 16 as per correct FnF statement, acknowledgment and acceptance of notice of resignation/final resignation, acknowledgment of handover of charge, NOC/NDC……………?

 

You may revert to relevant points.

Name of company etc is not required so don’t post names etc .

Kumar Doab (FIN)     30 May 2018

 

The said replies are verbal or in writing and by whom; HR personnel of telecom company or staffing solution company, your employer?

Who pays salary to you?

Are you getting salary slips?

Do you have attendance record?

How the payment of your wages is made e.g; staffing Solution Company raises bill and gets payment from Telecom Company and then pays to you?

 

Generically speaking; (Name of the state) Shops & Estbs Act and rules framed the Act may apply.

Work hours=8/day =48/week

Beyond which OT may apply and as per rate defined in the Act…

And capping on OT hours may also apply…

Has Telecom Company paid OT to Staffing Solution Company?

Has staffing solution company claimed OT from Telecom Company?

If the replies mentioned by you are in writing then you may succeed to claim OT and IT is to be seen if claim can be fastened on Telecom Company.

You shall need to put in some effort as none of both may be inclined to pay OT.

Sourav   31 May 2018

I got the reply from staffing solution company over email.

Stuffing company pay me and provide salary slip.

Yes. We have app based attendance system where check-in, check-out time, location, and movement are tracked.

The staffing solution company raised invoices and get payment from telecom company.

As per contract I should follow the clients CoC and should not claim OT or any convenience.

As per my designation, it is similer to clerical job.

Then why should I work on saturday after doing my job 9 hours/day from Monday to Friday? 

 

 

 


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