LIVE Online Course on NDPS by Riva Pocha and Adv. Taraq Sayed. Starting from 24th May. Register Now!!
LAW Courses

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

cherish (Employee)     29 March 2013

Maximum working hours/day in it company working 5days a week

Hi all,

I am working in an IT MNC in Noida NSEZ.

My company is increasing working timimgs to 9.5 hrs per day which includes 0.5 hour of lunch break.

also my company operates 5 days a week hence my weekely total working hours including breaks will be 9.5*5=47.5

my question is

1. what is the maximum hours i am eligible to work per day including breaks?

2. what is minimum duration of lunch break i am eligible for per day?

Please quote your answers with the appropriate law act so that i can raise my voice with a proof in law.

Thanks in advance



Learning

 7 Replies

Kumar Doab (FIN)     29 March 2013

 

---The Uttar Pradesh Shops and Commercial Establishments Act, 1962:

 

Hours of work and Overtime

No employer shall require or allow an employee to work on any day for more than 8 hours in the case of employee.

The total number of hours of overtime work shall not exceed fifty in quarter.

An employee, who has worked in excess of the hours of work fixed, shall be paid by his employer, wages at twice the ordinary rate, for every over time.

Intervals for rest and spread over of working hours in a day

No period of continuous work shall exceed five hours, which is to be followed by an interval for rest and meals of at least half an hour.

 

--- How do, UP SEZ Policy, Amended Policy 2007 and SEZ Act, 2005, affect your rights?

You may go thru and understand

UP SEZ Policy, Amended Policy 2007: (3) Rationalizing Labor laws

And

SEZ Act, 2005: CHAPTER IV: DEVELOPMENTCOMMISSIONER

---Instead of raising your voice loud and hard, you may raise in the form of a query and let the competent and concerned personnel in company reply to you.  

If the company has communicated office hours by a circular, even if by email, or a notice on notice board it becomes an official document. Obtain and retain a copy.  

Valuable advice of learned experts/members is sought.

 

1 Like

Mrityunjay108 (service)     30 March 2013

I would also suggest you first see the category to which you belong.

Kumar Doab (FIN)     02 April 2013

The company may claim that you belong to non exempt category and are not eligible for OT. This statement in all probabilities would be verbal. If you belong to non exempt category organise your work in such a manner that you reach in time, complete the tasks and leave in time.

Designation alone does not decide employee is a workman or not.

You may approach your lawyer with copies of all of your docs, spend quality with your lawyer, give inputs in person and proceed under expert advice of your lawyer. Let your lawyer’s opinion who has analyzed the merits be final.

If you can you may peruse and succeed in getting a written statement, along with copy of the circular etc making the office timing to 9.5 hours/day and one break only of 30 minutes in the interim. You may also record and keep copies of assignments/tasks/projects assigned to you, directions/instructions/orders to complete these in how much time/by which day etc and use these for claiming OT.

The claim of OT should be lodged in reasonable time. So if you there is any claim as per your understanding you may lodge the same under proper acknowledgment for future reference.

If the employer does not communicate for OT employee should not work OT.

“If an employee works for extra hours voluntarily and without any direction by the

Management, the claim for overtime will not be admissible;”

So the companies may not be issuing direct communications for OT, but may resort to tactical directions thru line management/HR. If the employee is SMART, employee shall lodge the claim in time and keep copies of tactical directions of line management/HR.

 

The Allahabad High Court has held that if the workers are required to work for

additional hours but if such additional hours will be less than 48 hours in a week, the employees will be entitled to wages and not overtime; New Victoria Mills, Unit of National Textile Corporation, Uttar Pradesh Ltd.  v. Labour Court (1) Kanpur, 1990 LLR 113.

 

The SE Acts are not exhaustive on all the rights and obligations of the employers and the employees as such the provisions of Industrial Disputes Act, 1947 being Central Act governs the matters.

Valuable advice of learned experts/members is sought.

cherish (Employee)     03 April 2013

 

Hi all,

The company is in SEZ. does it comes under SEZ act or it also covers Uttar Pradesh Shops and Commercial Establishments Act, 1962?

I have gone through UP SEZ Policy, Amended Policy 2007: (3) Rationalizing Labor laws and SEZ Act, 2005: CHAPTER IV: DEVELOPMENTCOMMISSIONER". 

kindly help me understanding the exact criteria the comapny falls under?

cherish (Employee)     03 April 2013

The company is making this as a mandate for all the employees. A notice has been circulated as a written email to all the employees. and there is no OT in this regard. The company claims this as normal regular working hours for all the employees.

Kumar Doab (FIN)     03 April 2013

The State Government has the power to exempt a particular industry from this Central law: Industrial Employment Standing Orders Act.

It is felt that states of Karnataka, Tamil Nadu, AP, Orissa, Rajasthan, Madhya Pradesh, Haryana had granted such exemption out of which Karnataka has already issued orders for submission of draft standing orders within Dec, 2012 for certification by Mar, 2013.

Most of the SEZs do not have to comply with this law.

You may check the status for UP.

The State Govt. might have declared the SEZ come under essential services and thus there can’t be any strike.

For your academic interest you may go thru IT policy of UP of year 2004 and UP draft IT policy of 2012 for details and contact officials like Inspector Under SE Act, ALC/DLC, DEVELOPMENTCOMMISSIONER etc :

https://infotech.up.nic.in/IT_Policy/IT_policy.htm

 

Some relaxations from sections in SE Act of UP e.g. opening and closing time might have been granted.

With 133 functioning SEZs and
around 600 SEZs having been formally approved.The concern arises whether the lax labor-law attitude demanded by the IT companies is going to affect workers from other industries as well.

There has been along felt need for strong, well meaning, well knit union for IT employees.

You may go thru interesting publications at:

https://www.rediff.com/money/2005/oct/06bspec.htm

https://www.siliconindia.com/shownews/Should_IT_companies_allow_trade_unions-nid-67674-cid-1.html

https://www.answeringlaw.com/php/displayContent.php?linkId=1196

The proposal to forge a union for IT workers has now come from the Centre for Indian Trade Unions (CITU) -- the trade union wing of the Communist Party of India (Marxist) -- the largest Left party in the country.

 

West Bengal Information Technology Services Association (WBITSA): This union is floated by CITU (Centre of Indian Trade Unions- the trade union wing of the Communist Party of India (Marxist)- the ruling party in West Bengal).

 

"A union for IT workers is the urgent need of the hour. I would call the IT professionals 'the labourers of the information age.' They toil long hours; they work at night; and some of them still get meager salaries. So a labour union for them would help fight for their rights," CITU president M K Pandhe told………..

"It is not going to be easy. Already, we have begun the process to hold consultations with many senior IT employees in places like Kolkata [ Images ], Bangalore, Chennai and Trivandrum (Thiruvananthapuram). We do hope to establish a proper union soon," Pandhe pointed out.

Left leaders say there is also already tremendous backing from the Union of Network International, a global alliance of 900 trade unions, to forge an IT industry workers union in India.

However, a number of organisations for IT professionals now exist at the state level in Hyderabad (in Andhra Pradesh) and Bangalore (in Karnataka [ Images ]).

 

 "Yes, there is an urgent need for a labour law exclusively for the IT industry. It is the one sector that is booming across India, and we need to frame a legislation for IT workers. We are going to take up the issue with the Manmohan Singh [ Images ] government soon," said Community Party of India national secretary D Raja.

 

There are other forums e.g:

'IT Professionals Forum.' (https://www.itpfindia.org/in).

 IT/BPO Voice of India | Facebook

UNITES Professionals

https://www.unitespro.org/

 

https://www.itecentre.co.in/

Contact Us

Please contact us on
mail id : contact@itecentre.co.in.
ph : 9620907912

Please Join ITEC group for discussion among IT-BPO employees. To join the group, please send a blank mail to itec_bangalore-subscribe@yahoogroups.com

 

https://ithiworld.wikispaces.com/News+Update

ITHI, a forum
of women employees in IT and ITeS

 

 

 

Sneha Shetty (HR Manager)     07 January 2014

Hi All,

Am working as a HR in a private limited company, where we work from 9am-6pm. All our employees are asking for second Saturday off. kindly let me know how can i work on this......

Thank You...  


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register  


Recent Topics


View More

Related Threads


Loading
Start a New Discussion Unreplied Threads



Popular Discussion


view more »




Post a Suggestion for LCI Team
Post a Legal Query