Dear Seniors,
Please let me know if the company is enforcing its staff to work 12 hours a day or night shift. Additionally, is the company insisting that employees work at least six hours on Sundays? Also, is the company paying salaries to its staff on the 25th of every month?
In that case, how do our labor laws assist us?
I am waiting for your valuable reply or feedback.
Thanks & Regards.
From India, Mumbai
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72Please let me know if the company is enforcing its staff to work 12 hours a day or night shift. Additionally, is the company insisting that employees work at least six hours on Sundays? Also, is the company paying salaries to its staff on the 25th of every month?
In that case, how do our labor laws assist us?
I am waiting for your valuable reply or feedback.
Thanks & Regards.
From India, Mumbai
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Dear Manish,
As per law, no employee should work for more than 48 hours in a week, i.e., an average of 8-9 hours a day with a 1/2-hour break for every 5 hours.
In a calendar year, employees are entitled to 12 CL (Casual Leave), 12 SL (Sick Leave), and 15 PL (Paid Leave).
If an employee works overtime, they should be paid OT (Overtime) which is double the hourly salary, calculated on the Basic pay.
For working on National holidays, employees should be paid double the day's salary and given compensatory off within the next 3 days.
In case of any issues with the company, you can approach the Deputy Commissioner, Assistant Commissioner, or the Commissioner of Labour in your zone. They will send a legal notice to your company, and if there is no response, legal action will be taken.
The labor department, PF (Provident Fund) & ESIC (Employee State Insurance Corporation) bodies have the right to shut down companies that do not comply with statutory regulations.
Form a group and then approach the labor department.
Regards,
Karthik
From India, Vijayawada
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As per law, no employee should work for more than 48 hours in a week, i.e., an average of 8-9 hours a day with a 1/2-hour break for every 5 hours.
In a calendar year, employees are entitled to 12 CL (Casual Leave), 12 SL (Sick Leave), and 15 PL (Paid Leave).
If an employee works overtime, they should be paid OT (Overtime) which is double the hourly salary, calculated on the Basic pay.
For working on National holidays, employees should be paid double the day's salary and given compensatory off within the next 3 days.
In case of any issues with the company, you can approach the Deputy Commissioner, Assistant Commissioner, or the Commissioner of Labour in your zone. They will send a legal notice to your company, and if there is no response, legal action will be taken.
The labor department, PF (Provident Fund) & ESIC (Employee State Insurance Corporation) bodies have the right to shut down companies that do not comply with statutory regulations.
Form a group and then approach the labor department.
Regards,
Karthik
From India, Vijayawada
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Nothing wrong in paying salary on 25th. Regarding your other points, pl mention whether yours is a factory or not?
From India, Thiruvananthapuram
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From India, Thiruvananthapuram
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Last Month salary should be paid on or before 7th of the current month. The regulations are almost same either it may Shops & Establishments, Contract labour or factory.
From India, Vijayawada
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From India, Vijayawada
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According to the Factories Act, the provisions are laid down under sections 51, 54, 55, and 56.
Although the maximum working hours are 9 hours, they can be spread over to 12 hours per day.
The 12-hour shift is for people who are said to be working under the "Compressed Shift." Shift rotation is managed accordingly, scheduling the number of working days and allowing the employees corresponding to take-offs is called a compressed shift.
Under the provisions of the Factories Act, you can refer to the following:
Section 51. WEEKLY HOURS - No adult worker shall be required or allowed to work in a factory for more than forty-eight hours in any week.
Section 54. DAILY HOURS - Subject to the provisions of section 51, no adult worker shall be required or allowed to work in a factory for more than nine hours in any day. Provided that, subject to the previous approval of the Chief Inspector, the daily maximum hours specified in this section may be exceeded to facilitate the change of shifts.
Section 55. INTERVALS FOR REST - (1) The periods of work for adult workers in a factory each day shall be fixed so that no period exceeds five hours and no worker shall work for more than five hours before having an interval for rest of at least half an hour.
(2) The State Government or, subject to the control of the State Government, the Chief Inspector, may exempt any factory from the provisions of subsection (1) by written order for specified reasons, ensuring that the total number of hours worked by a worker without an interval does not exceed six.
Section 56. SPREADOVER - The periods of work for an adult worker in a factory shall be arranged so that, including intervals for rest under section 55, they shall not spread over more than ten and a half hours in any day. The Chief Inspector may, for specified reasons in writing, increase the spreadover up to twelve hours.
From India, Visakhapatnam
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Although the maximum working hours are 9 hours, they can be spread over to 12 hours per day.
The 12-hour shift is for people who are said to be working under the "Compressed Shift." Shift rotation is managed accordingly, scheduling the number of working days and allowing the employees corresponding to take-offs is called a compressed shift.
Under the provisions of the Factories Act, you can refer to the following:
Section 51. WEEKLY HOURS - No adult worker shall be required or allowed to work in a factory for more than forty-eight hours in any week.
Section 54. DAILY HOURS - Subject to the provisions of section 51, no adult worker shall be required or allowed to work in a factory for more than nine hours in any day. Provided that, subject to the previous approval of the Chief Inspector, the daily maximum hours specified in this section may be exceeded to facilitate the change of shifts.
Section 55. INTERVALS FOR REST - (1) The periods of work for adult workers in a factory each day shall be fixed so that no period exceeds five hours and no worker shall work for more than five hours before having an interval for rest of at least half an hour.
(2) The State Government or, subject to the control of the State Government, the Chief Inspector, may exempt any factory from the provisions of subsection (1) by written order for specified reasons, ensuring that the total number of hours worked by a worker without an interval does not exceed six.
Section 56. SPREADOVER - The periods of work for an adult worker in a factory shall be arranged so that, including intervals for rest under section 55, they shall not spread over more than ten and a half hours in any day. The Chief Inspector may, for specified reasons in writing, increase the spreadover up to twelve hours.
From India, Visakhapatnam
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Dear All,
Thank you for your valuable feedback. I am working in a reputed construction company, and the company has not paid the payment for August 2012 up to date. Is this the right way? Please reply.
Thanks & Regards.
From India, Mumbai
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Thank you for your valuable feedback. I am working in a reputed construction company, and the company has not paid the payment for August 2012 up to date. Is this the right way? Please reply.
Thanks & Regards.
From India, Mumbai
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Hi,
I am working in a real estate company. I hold the position of Assistant HR Manager. It's funny because even though I am in a managerial role, I find myself unable to speak up in the office. My working hours are from 9:45 am to 6:30 pm, but it is a daily occurrence that we are made to stay until 7 or 7:30 pm without any explanation. Additionally, we do not have proper leave or holidays as our boss never grants us time off. Please help us.
Thank you,
Neha Jaiswal
From India, Bhubaneswar
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I am working in a real estate company. I hold the position of Assistant HR Manager. It's funny because even though I am in a managerial role, I find myself unable to speak up in the office. My working hours are from 9:45 am to 6:30 pm, but it is a daily occurrence that we are made to stay until 7 or 7:30 pm without any explanation. Additionally, we do not have proper leave or holidays as our boss never grants us time off. Please help us.
Thank you,
Neha Jaiswal
From India, Bhubaneswar
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Dear Manish,
You have selected the wrong industry. In Construction, everywhere the timing is about 12 hours, and it may be extended further as well. It is not the IT industry where you can sit in an AC room and simply do programming for hours together, nor is it a factory floor where you will be replaced by the next shift person after an 8-hour shift. Once the concrete pouring begins, you cannot leave the site until the concrete is completed. You also cannot leave the balance concrete to be poured the next day.
That's the reason why, in the hours of work column in your offer of employment, it is mentioned that "you will follow the working hours as per your site timings," and they will not provide clear timings from ____ hours to ____ hours. To compensate for that, you will be given some Site-Based Allowance.
If you feel you are being exploited, you have the option to switch over to another industry.
Wish you all the best, dear.
From India, Kumbakonam
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You have selected the wrong industry. In Construction, everywhere the timing is about 12 hours, and it may be extended further as well. It is not the IT industry where you can sit in an AC room and simply do programming for hours together, nor is it a factory floor where you will be replaced by the next shift person after an 8-hour shift. Once the concrete pouring begins, you cannot leave the site until the concrete is completed. You also cannot leave the balance concrete to be poured the next day.
That's the reason why, in the hours of work column in your offer of employment, it is mentioned that "you will follow the working hours as per your site timings," and they will not provide clear timings from ____ hours to ____ hours. To compensate for that, you will be given some Site-Based Allowance.
If you feel you are being exploited, you have the option to switch over to another industry.
Wish you all the best, dear.
From India, Kumbakonam
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Dear Kartik, Can you tell me, in which act clause made for interest ? How much interest applicable for delay salary ?
From India, Ahmadabad
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From India, Ahmadabad
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Dear Manish,
As per the act, for employees numbering less than 1000, their salary should be paid before 7 days from the monthly salary cycle, and for those exceeding 1000, their salary should be paid before 10 days from the monthly salary cycle.
From India, Ahmadabad
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As per the act, for employees numbering less than 1000, their salary should be paid before 7 days from the monthly salary cycle, and for those exceeding 1000, their salary should be paid before 10 days from the monthly salary cycle.
From India, Ahmadabad
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Hi,
The Penalty clause is applicable under the Payment of Wages Act, 1936. According to Section 5, subsection 3, it is clearly mentioned that companies with fewer than 1000 employees should pay salaries before the 7th of the month, and those with 1000 or more employees should pay before the 10th. There is a penalty clause in this act.
Regards,
Karthik
From India, Vijayawada
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The Penalty clause is applicable under the Payment of Wages Act, 1936. According to Section 5, subsection 3, it is clearly mentioned that companies with fewer than 1000 employees should pay salaries before the 7th of the month, and those with 1000 or more employees should pay before the 10th. There is a penalty clause in this act.
Regards,
Karthik
From India, Vijayawada
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Hi Neha Jaiswal,
My name is Muthukumar, working as an Executive - HR & Admin in a reputed company. Neha, you are working in a very poor company because they are not following the statutory provisions. That is a valid reason enough to put your job at risk.
The company must follow the statutory provisions as per the State and Central laws and company policies. Otherwise, the company will not survive in the market.
Please look for another job opportunity. Alternatively, explain the existing laws to the management. They are not interested in taking necessary actions. If you continue in this job, you will face a lot of stress from both the employer and employee sides.
From India, Chennai
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My name is Muthukumar, working as an Executive - HR & Admin in a reputed company. Neha, you are working in a very poor company because they are not following the statutory provisions. That is a valid reason enough to put your job at risk.
The company must follow the statutory provisions as per the State and Central laws and company policies. Otherwise, the company will not survive in the market.
Please look for another job opportunity. Alternatively, explain the existing laws to the management. They are not interested in taking necessary actions. If you continue in this job, you will face a lot of stress from both the employer and employee sides.
From India, Chennai
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Still, I'm not clear regarding working hours. Let me know under what conditions it is allowed to work for 12 hours. If 12 hours are allowed, then is the company liable to pay overtime? Also, what is a compressed shift?
From India, Ankleshwar
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From India, Ankleshwar
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Hi,
Normally, in the food industry and restaurants, employees will have to work during peak hours. For example, chefs and kitchen teams may work from 10:30 to 13:30 hrs and then have a break before working again from 18:00 to 21:00 hrs. The working hours may vary based on the level, such as chef, CDP, and commis.
The stewards and service team will typically work from 11:30 to 15:00 hrs and then later from 19:00 to 22:30 hrs.
During downtime, the staff can rest. Although they may work 12 hours, it will be in a split shift.
Regards,
Karthik
From India, Vijayawada
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Normally, in the food industry and restaurants, employees will have to work during peak hours. For example, chefs and kitchen teams may work from 10:30 to 13:30 hrs and then have a break before working again from 18:00 to 21:00 hrs. The working hours may vary based on the level, such as chef, CDP, and commis.
The stewards and service team will typically work from 11:30 to 15:00 hrs and then later from 19:00 to 22:30 hrs.
During downtime, the staff can rest. Although they may work 12 hours, it will be in a split shift.
Regards,
Karthik
From India, Vijayawada
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Here is the need for a strong HR manager in the sense that they should be a good representative for the management. So, you need to develop your own strategies to overcome that problem. That is my good suggestion for you to keep your self-respect in your view. Thanks, my associate.
From India, Pune
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From India, Pune
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Dear Seniors,
Please help me with this problem. I am an HR fresher who has recently joined a company (4 months ago) that I want to leave for another company. The issue is not just the salary; they have not added me to the PF and ESI as promised. They claim they will enroll employees in the PF and ESI after 1.5 years and lack policies for employees.
Could you please advise me on how to handle this situation if I decide to switch to another company? What should I mention or do?
Regards,
Chaitanya
From India, Bangalore
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Please help me with this problem. I am an HR fresher who has recently joined a company (4 months ago) that I want to leave for another company. The issue is not just the salary; they have not added me to the PF and ESI as promised. They claim they will enroll employees in the PF and ESI after 1.5 years and lack policies for employees.
Could you please advise me on how to handle this situation if I decide to switch to another company? What should I mention or do?
Regards,
Chaitanya
From India, Bangalore
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