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Tired Indian (Slave)     25 March 2011

Late coming to office

Dear Members,

I am a corporate slave in a registered in India Korean company. In appointment letter it says that office hours will be from 9:00AM to 6:00PM and it is mandatory to reach office within 9:00AM.

Any relaxation in late coming ( i.e employee can be late 10mins in a week or 1 hour in a month) has been discussed or mentioned in the contract.

Most of we slaves are on time and if by anychance some is late even by 2 mins ( and that happens once in 3months or so) , we are issued a notice informing that late coming creates bad atmosphere and that the letter is a warning and company can take action.

My questions to all of you is:

i) What is the stand of Indian labour law in such cases?? 

ii) If company can be penalized for this i.e under mental harrasment etc???

iii) We slaves plan to give an answer to company and what should be done??

I hope to have your expert opinion and reply.

With Best Regards

Tired.



Learning

 15 Replies

Democratic Indian (n/a)     25 March 2011

"iii) We slaves plan to give an answer to company and what should be done??"

If you fight with company on individual basis, it is almost certain that the company will look for some excuses to create endless problems and very likely fire you in order to make you an "example" before others to prevent "rebellion". Instead of fighting against company on individual basis, it would be better if all the employees join some union or association. Some daring employees will have to take the leadership position in union. Forming unions and associations is a fundamental right of citizens guaranteed by the Constitution of India.

CA VK Dwivedi (Job)     25 March 2011

Dear Friend,

Every comany has its own disciplin, rules and regulation But any by-law, rules, regulation can not Supercede Indian constitution or human right.

You haven't mentioned the industry you are in, i mean Manufacturing, Services, outsourcing and so on..

In manufacturing idustry it is easy to enforce these kind of harassing rules.Also, you said it is mentioned in your offer letter with this clasue the company is looking to be at little safer side. anyways, I believe you are not in bond of the company you can leave that company and swuitch to another. If that happens in high volume their labour turnover ratio will go high so also the cost of production due to high attrition, and in the exit interview every one sjhould mark this point .

In the shift timing of 9am -6pm you are feeling yourself Salves think for those defence personnel who has to reach office at 7.00 am whether Summer or Winter. Chennai or Jammu, Jorhat or Jammnagar. snd you have option to leave the job and join other company but defence personnel do not have such option.

Hope this will help.

VKDwivedi

Avinash Kumar Sharma (Sr. Manager HR)     28 March 2011

Dear Friend,

This is not only in India but also in developed countries like Japan & America. Such discipline makes real difference between private and govt. sector. All well organised companies do not tolerate indiscipline. If u can not cope with such rules then it is better for u to switch to govt. sector. No labour or industrial law of india protects indiscipline in industrial sector.

Thanks,

Avinash

Mohd Musabbir Ansari (Legal Practice/Litigation New Delhi 09582547570 )     28 March 2011

It would be immature to make any comment . First send me Your appoinment letter.

Om Prakash Dhusia (HR assistant)     03 May 2011

To All the respected participants in this debate: the questioner is asking his fundamental right(?) to report for duty LATE being an Indian but unfortunately he is employed with a Korean venture where Indian characteristic is alien. so if the employers have found it to be INDISCIPLINE then it is indeed a indiscipline.

How pathetic an Indian is emphasizing on his fundamental(?) right to report late on duty and with vengeance towards his employers.

It is very unfortunate that one of our esteemed friend has gone to the extent of suggesting, forming a labor union, where actually in Kerala even when a foundation stone is not laid, you can find RED flag mushrooming around and that being the reason, GOOD YEAR an exclusive company manufacturing tyres for aeroplane in India had shifted to adjacent state and none of the industry survive in that state.

While we were slaves during British regime, our masters introduced the slogan,"GOD SAVE THE KING".I being born in free India modify it to,"GOD SAVE MY INDIA".

Regards. 

Tired Indian (Slave)     04 May 2011

Dear Mr. Dhusia,

It is rather wrong from your side to comment without having taken in to consideration all the points e.g

What if someone is late 1 time in 3years and that too because of traffic block by P.M's security guard??

My post is not to justify the basis of late coming of habitual/pathological late comers but of those who are late once in a blue moon. Hope now i am more clear.

Democratic Indian (n/a)     04 May 2011

@Avinash kr. Sharma and Om Prakash Dhusia,


Molestation is always done under the garb of frisking. Similarly managements of most of the companies love to abuse their employees under the name of discipline. If abuse of employees is done in Japan or America it does not make it correct and or means should also be done in India. The companies are opening businesses in India are not doing any charity nor are they unaware of the Constitution of India. Employees have every right to secure their legitimate rights by forming Unions and Associations.


It is not unheard that the managments of various companies manufacture all manner of evidence to their benefit. All games are played to keep their employees divided so that they can abuse them individually.


There is no reason why employees should not form strong unions and associations to protect their legitimate rights when it has been guaranteed as a Fundamental Right by our Constitution.

Om Prakash Dhusia (HR assistant)     05 May 2011

Dear Mr.Tired Indian:We face many problem in this world, many of them are not of our own making.Irony here is that you have been working with an Korean venture where Indian concept of late reporting for duty may be their right but quite alien to Koreans and if certain behavior are not acceptable by the employers, it becomes their duty to get rid of such indicipline if they consider it to be and that is what Koreans have done.

And please crime is a crime is a crime no matter someone did it first time in his entire life or habitually.I agree even if you were late for a single occassion due to situation beyond your control but did you submit any evidence to prove your innocense?Did you request your employer to be considerate?I for an example once wished, "Good Morning" to a Korean Project Manager at Fujeirah (UAE) and he simply retorted back, "What for Good Morning?"So should I have had banged him?It is their culture, where wishing someone may be not the norm. so late reporting stands in the same fashion.

And sir don't get annoyed please if you receive answer not to your liking because some are not diplomatic in their reply.I don't like offering sugar coated poison to anyone.

And another question of forming trade union, our great state Kerala already has plenty of them and trade unions run on political ideologies and are not PANACEA for each and every ills prevailing in the Industries.I don't and won't preach gun for gun, eye for an eye, life for an life because we claim ourselves to be civilized.

I saw all together 14 unions at Hindustan Newsprint Ltd Kerala and imagine how much the staff were there, only around 500 during past ( I am not aware of situation at present ) There was one union of only 3 drivers, but sir this was my view which I think is my democratic right like honorable Democratic Indian has it own, so how can I prove him wrong.

LCI, I found to be one of the best platform though only a few members/learneds are active otherwise plenty of them are dormant, so whoever is interested to participate is heartly welcome that doesn't mean others to be condemned.

Thanks and Regards.

 

 

Mallik Karra (Done with AIBE)     05 May 2011

Dear Mr. Avinash & Mr. Dhusia,

 

As apparent, 2 of you are into Human Resources.... would like couple of answers from you.

 

1) an employee is working late... beyond his business hours... what would you (HR) do?

Mr.Dhusia,

Could not understand "How pathetic an Indian is emphasizing on his fundamental(?) right to report late on duty and with vengeance towards his employers"

Fundamental Right  opschhhhhhh...... here he is wanting to know if any law exists to protect his interests and not your kind comments..... pathetic to see learned talking like this.

 

@ Tired Indian,

 

Please go thru the standing instructions as what does it say about late coming.... and before you take up this fight be true to yourself that the late coming is one off time and not on regular basis.... the management has to protect its interest, as if they excuse one... the rest will follow the suit... but i'm sure management would not initiate action on one off incidents of an employee to terminate him.... yes, if he/she is being targetted then it is a different issue.

 

Om Prakash Dhusia (HR assistant)     05 May 2011

Dear Mallik Karra: Welcome to this column and thnks for your view.

What I mean to say about the RED highlighting that we Indians have our own culture of reporting late on duty and this can be witnessed in the courts,offices,shedules of vehicular modes (Plane,Train,Bus etc)including attending our classes too, means in every part of life we feel proud to do so and this has ingrained into our mind that it is beneficial to the growth of our nation and believe me. we are very notorious for not honoring the value of time.

In my every notes I have emphasized that this Indian concept of dishonoring the value of time is alien to other nations, particularly to Japan,Korea,Taiwan,the western hemisphere etc. And if the employee found it be VICTIMIZATION we as free citizens of India have every right to approach the right forum and that includes the courts too.

I never stopped him to fight for his right but at the same time I tried to explain the TIRED INDIAN the Indian concept of THE TIME.By the way if the company in question has already terminated him then what recource except to approach court is available to him?

Who am I to stop a free citizen to fight for his right in the country like India where people are deprived of clean drinking water and facility to answer the nature's call despite after 64 years of freedom.

Kindly keep on sharing your views without any prejudice.

Regards.

Arun Kumar (Consultant)     06 May 2011

I think that Mr. Om's contributions are mostly negative and does not offer any legal points. We can conveniently ignore his posts!

Om Prakash Dhusia (HR assistant)     06 May 2011

Thanx Mr. Arun Kumar, the consultant.Everyone has his own opinion in free democratic society including you but please read my comments carefully and deligently.I have not suggested any thing but explained the difference of culture between two nations and the consequences therof but at the same time requested that gentleman, to go ahead in the court of law if he thinks being victimised but analysing the situation not on emotions but on facts.

I simply requested that gentleman as to whether, he had the evidence/proof for being late on account of some dignitory's visit?And the media's news are not considered as EVIDENCE in the court of law if it does not come and depose in the court physically on oath and alas MEDIA is not a heart or soul in human body but an apparatus.

Apart from that I am simply a participant in the column and it means not necessary to follow my opinion.Choice is individual's either to accept or reject it.

Thanx once again for your valuable comments and kindly remember I mean sincere thanx.

Regards.

Om Prakash Dhusia (HR assistant)     13 May 2011

Mr.Shri Gopal Saini: It is very pathetic that you have been undergoing a very tortuous situation and if you remember I suggested you to kindly file a case against your insurance company in the labour court if you feel like against Illegal termination but did you seek intervention of labour department for any concilliation because I have seen your various correspondences and did not go through them seriously and we as particpants in this column could only suggested you recource as per our experiences which may be different in different prospects and may not be the same.

For NHRC, i consider this organisation to be a PAPER TIGER and hungry for publicity and please remember we are all simple citizens, so no ICON even, so they will never come to your rescue and may entangle you in many queries instead of suugesting any remedy and letter quoted above is evidence,where they are more interested to receive RTI fee of Rs.Ten, moreover i dont think that you asked any information under RTI from them and it took almost two months to say so.

We all have full sympathy with you and I can only suggest to kindly seek the opinion of labour department and further to labour court if not satisfied with the outcome of the labor department.

Regards.

Sudhir Kumar, Advocate (Advocate)     19 November 2011

Strong unions are story of begone years.

 

In punjabi we say NAUKRI KITI TE NAKHRA KADA.  You have no remedy except finding another job.


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