Nitin (TL) 02 February 2013

Shift hours in private company

Hi,

I am working with an MNC from last 4 years. I was sent to UK for a project from India. They assigned me too much work to complete everyday. The work can not be completed in regular shift of 9 hours. Also I was working in night shift. I was ready to work 2 hours extra to finish my work everyday. However, work could not be finished. This is not a one time issue. It was to go for next 3 months.

I asked my reporting manager that how we come to a solution. My reporting manager said that whatever target you have been assigned for the day, you have to finish that. Also untill you finish your target you can't go home. So you may have to work more than 11 hours or 12 to 14 hours per day. Also you may have to work on weekend too. If something happens to your health then company is not responsibile. We have insurance cover for you so you can use that. Also company will not pay you anything extra for overtime.

When I joined the company then I signed the papers stating that I will be working for 9 hours. Though I was ready to work 2 hours extra but still my management sent me back to India from UK because I refused to stay back in office untill I finish my work because I can't spoil my health to earn money.

Could you please suggest me that If I can file a case of harrasment against them? Also they are threatening me to quit the job also. This job is my bread and butter but at the same time I have to look after my health also. Please suggest..

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5 Replies

Vidhi Joshi (Trademark Registration Mumbai | IPR Firm | Mumbai | Start Up Lawyer | Copyright Lawyer) 03 February 2013

..being binded by agreement you are bound to work for 9 hours but if your working hours are extended beyond the same you are eligible for over time which is your right, and if your performance is good they dont have right to teriminate you and if they do then its breach of contract..

Kumar sanja (employee) 04 February 2013

Dear Nitin,

please attach the contract entered by you.

ask them to state in writing (e-mail) that you need to work more than what is there in the contract.

be smart so that they admit these ACTS in writing.

never say that you refuse to work in writing but you can do it verbally.

if they admit that they are doing something which is extraneous to contract, then you can make such claim in the company itself. if it comes to say some lakhs, you can file Civil suit for recovery of legitimate money.

please state me :: 1)where your recruitment or letter of intent issued.

2) where you are appointed.

3) if you are below Project leader, then you are deemed skilled technical cum clerical you have case under ID act,1947

4) if you are otherwise employee then you can file a case under shops and establishment act

5) for recovery of money, you can even have the remedy of civil suit which is very speediest remedy.

regards,

Ravi

Adv k . mahesh (advocate) 06 February 2013

for software companies comes under shops and establishment act and what ever conversation is keep on paper or email before making think twice and answer do not say no in writing

Nitin (TL) 10 February 2013

Ravi,

Thanks a lot for your great advice..

I have all the conversation on email. I emailed the same to my reporting manager and her boss also. My reporting manager did not provide me the HR details to go for meeting. This is violation of the conduct as well. Moreover, when I escalated the case to her boss then she gave me the contact number of HR the next day. However, after two days she replied on my email that I did not say anything like this. To be on a safer side I recorded all the conversation because She was threatening me earlier also that if I have any concerns then she will send me back to India. I have escalated the case to my company's HR departement. However, they are not taking any action as of now.

Looking at the proofs in place, organization shall take a strict action against my reporting manager. I need you suggestion that how I can take a legal action against my reporting manager and organization.

These private company are good in terms of pay but they makes life hell. If this mistake was done by a junior staff like me the company must have asked me to leave.

Please suggest..