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Achieve Ananda   26 May 2016

What i should do if my company violates labor law

Hello,

I am working for software company as a software developer. My basic salary is 16000 Rupees per month. For that I am working 9 hours ( Excluding break) per day and working Saturday too. So I am working 54 hours a week.

My question is whether my company is making me to work legally ?

If not, can I file complaint against my company ? Can I get justice(?) in India ?

Company has asked me for bond too. So I have made deposit of Rs 50000 with a commitment of 24 months of service.

In a urge of getting job I did a mistake by signing. What can I do now ?

I am frustrated here becuase of useless work in this company. But I dont want to give my 50000 for no reason.

Please help me to go ahead..



Learning

 9 Replies

Ritesh Maity (Labour Law Advocate)     26 May 2016

Most probably your company is registered under Shops and Establishment Act. The act clearly mentions working hours per week which varies from state to state. So check the Act which is applicable to your organisation. In West Bengal, the working hour limit is 48 hours per week. If your company is violating such rule, then you can approach the dept of shops and establishment and lodge a complaint. 

Regarding the deposit of Rs.50,000/- you did a great mistake. Without seeing the terms and conditions, it is very difficult to say how you can recover such money if company fails to refund (mostly money suit is the option). Apart from that any kind of bond restricting your employment is also in valid. 

Kumar Doab (FIN)     26 May 2016

The work hours are 8/day & 48/week.

There is also capping on OT hours.

You can read it in Shops & Estbs Act.

 

If yes you can lay a claim to OT @ double wages.

Your establishment works for 6days/week or less than 6days/week?

OT should be paid alongwith monthly wages.

Do you have any evidence (audio/visual/written/witnessed/minuted)  that you were asked to work for >  8hrs/day & 48hrs/week?

The employer has to submit OT clocked in prescribed registers ( Hard copy/soft copy) as prescribed in Shops & Estbs Rules. If OT is not being paid then probably employer is not leaving traces for demand of OT and is not submitting actual clocked hours.

 

You may have to download evidence and prove.

Since you have signed so called Bond; probably you shall be subdued from taking such action.

The so called Bond is created in lieu of what extra ordinary favor by company?

Did company ask you in writing to sign it?

Did it demand to deposit monies in writing?

Did it issue any acknowledgment for monies so collected? If yes what is the reason mentioned in it?

If you want to liberate yourself then you need to build irrefutable evidence and record with patience that can render employer as violator and unworthy.

There are many IT/ITeS employee's unions and affilliations with trade unions and verdicts from court accepting software engineers as 'Wortkman' and against Bond.

 

 Retain access to seasoned counsels and avoid proceeding on your own.

Engage an able counsel specializing in labor-service matters.

Avoid succumbing to unfair demands in future.

Better add education,qualification,skills and be with some employer with good HR practices.

 

 

 

 

adv.bharat @ PUNE (Lawyer)     26 May 2016

before signing bond u must read TOR.

ur company work as per regulation given.

Kumar Doab (FIN)     26 May 2016

The employee in this thread shall be most probably coverd by def. of 'Workman' as in ID Act,' Employee' as in Shops & Estbs Act.

The enactments; statue/instrument of law/Act etc that are applicable to establishment, employer, employee shall prevail upon any private agreement drafted by employer and signed with employee e.g; offer letter, appointment letter, contract of employment, service agreement, employee handbook, private and internal HR policy/service rules etc.............

 

This is case of sufferring at the hands of unscruplous employer that has collected cah from employee :::::: a case of 'Pay to get job'! 

In many threads many queries have been discussed at LCI......

Can security/advance  be collected for giving employment?

Can security cheques be collected from employee for giving employment?

Can retention amount be deducted from salary?

Is employer paying interest on such deposit?

Can employer blacklist an employee?

 

 

https://www.lawyersclubindia.com/forum/Salary-issue-102041.asp

https://www.lawyersclubindia.com/forum/My-employer-is-still-having-an-undated-cheque-drawn-by-me-104813.asp

https://www.lawyersclubindia.com/forum/Sub-fd-as-security-deposit-lien-on-my-fd-favoring-my-empl-43237.asp

 

 

Achieve Ananda   27 May 2016

So, the total working hours is 48 hours a week right, but my company is making me to work 54 hours a week ( Excluding break). The working hour is no where mentioned in the agreement. Its just told orally. What action I can take to this ?

Secondly, my question is whether a company can ask for bond with payment ? I know I wont get my money back.Its ok i dont bother about that.. But cant I complaint against that ? My concern is towards the people who are going to join that company in future. The company is spoiling the future of poeple who is going to join..

So atleast what I can do ?

Kumar Doab (FIN)     27 May 2016

You have not replied to any point , pointwise! 

OT: You need to generate proof that you were asked to work for more than 48 hrs/week and you worked. The calls/SMS/email/minutes/witnesses/assignments sent/assignments completed/attendance register/etc can help to prove.

If you are covered then you can claim OT.

If OT is extarcted but not paid it renders employers unworthy of being employed with.

 

Bond: The so called Bond is created in lieu of what extra ordinary favor by company?

You can succeed to get BOnd declared as 'Unconscienable', VOID and get your money back.

 

One of your fellow employees have posted that he has resolved his issues with the help of unions at:



https://www.lawyersclubindia.com/forum/Not-getting-relieving-letter-even-after-serving-notice-perio-137291.asp



You may also go thru:



https://www.lawyersclubindia.com/forum/details.asp?mod_id=45218&offset=4



Finally: You may approach an able counsel specializing in labor-service matters and clarify anything that you may have and issue a legal notice to your employer.

Seek support from colleagues and unions. 

The unions and your able counsel can drill senss into the heads.

 

 

 

Ritesh Maity (Labour Law Advocate)     27 May 2016

Originally posted by : Achieve Ananda
So, the total working hours is 48 hours a week right, but my company is making me to work 54 hours a week ( Excluding break). The working hour is no where mentioned in the agreement. Its just told orally. What action I can take to this ?

Secondly, my question is whether a company can ask for bond with payment ? I know I wont get my money back.Its ok i dont bother about that.. But cant I complaint against that ? My concern is towards the people who are going to join that company in future. The company is spoiling the future of poeple who is going to join..

So atleast what I can do ?

If you are working for more than 48 hours, you can claim for overtime before the company. Whether working hours is mentioned in the appointment letter or not, you are permitted to work for not more than 48 hours per week. If overtime is not paid, then you can complaint to the S &E Department.

You can ask your company to refund the bond amount. And you may also file a civil suit along with injunction to stop the usage of bond (I am not a civil lawyer so my idea is limited in this case)

 

Ritesh Maity (Labour Law Advocate)     27 May 2016

Originally posted by : Achieve Ananda
So, the total working hours is 48 hours a week right, but my company is making me to work 54 hours a week ( Excluding break). The working hour is no where mentioned in the agreement. Its just told orally. What action I can take to this ?

Secondly, my question is whether a company can ask for bond with payment ? I know I wont get my money back.Its ok i dont bother about that.. But cant I complaint against that ? My concern is towards the people who are going to join that company in future. The company is spoiling the future of poeple who is going to join..

So atleast what I can do ?

If you are working for more than 48 hours, you can claim for overtime before the company. Whether working hours is mentioned in the appointment letter or not, you are permitted to work for not more than 48 hours per week. If overtime is not paid, then you can complaint to the S &E Department.

You can ask your company to refund the bond amount. And you may also file a civil suit along with injunction to stop the usage of bond (I am not a civil lawyer so my idea is limited in this case)

 

Kumar Doab (FIN)     28 May 2016

In certain cases employer can to work OT.

OT wages should be paid alongwith monthly wages on fixed day of payment of wages. Demand payment.

There is capping on OT hours.

You may write to good offices of appointing authority, signatory on Bond,MD etc to refrain from utilising the money collected from you and refund it to you at once...............

 

Finally: You may approach an able counsel specializing in labor-service matters and clarify anything that you may have and issue a legal notice to your employer.

Seek support from colleagues and unions. 

The unions and your able counsel can drill senss into the heads.


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