Shailesh,
He is not talking about cases where a person does not come in because the reliever has not arrived. He is referring to getting everyone to work 10-12 hour shifts every day under the pretext that the workers are happy to earn more money through double rate wages for the extra hours worked. That is precisely what the law is intended to prevent.
From India, Mumbai
Acknowledge(0)
Amend(0)
2638He is not talking about cases where a person does not come in because the reliever has not arrived. He is referring to getting everyone to work 10-12 hour shifts every day under the pretext that the workers are happy to earn more money through double rate wages for the extra hours worked. That is precisely what the law is intended to prevent.
From India, Mumbai
Acknowledge(0)Amend(0)
I understand that there is no way out except scheduling the work with appropriate manpower in tune with production needs. It is also true that in all small companies, this is the usual practice.
Another issue in retaining labor is the deduction of their contributions towards ESI and PF. I have experience dealing with this problem, and the management has had to find ways to navigate the law due to labor resistance to these deductions from their wages.
From India, Calcutta
Acknowledge(0)Amend(0)
Another issue in retaining labor is the deduction of their contributions towards ESI and PF. I have experience dealing with this problem, and the management has had to find ways to navigate the law due to labor resistance to these deductions from their wages.
From India, Calcutta
Acknowledge(0)Amend(0)
Dear Experts Thanks for your advice, Sply appreciate the SASWATABANERJEE, SAILESH PARIKH, SAMBTMIR for their inputs, if there is no way, then malpractice is obvious as others are doing, regards
From India, Delhi
Acknowledge(0)Amend(0)
From India, Delhi
Acknowledge(0)Amend(0)
My observations are as follows:
Please clarify how you are working 10 hours a day and 12 hours of overtime per week. Is this on a permanent basis, and if so, do you have sanction from the appropriate authorities under the Factory Act?
Overtime work per quarter, with approval from the appropriate Factory Inspectorate, is allowable up to 50 hours and could be stretched to 75 hours with specific approval under Section 65 (power to make an exempting order) due to "exceptional press of work."
Therefore, you may seek exemption from the factory inspectorate with a valid reason under the aforementioned provision of the Act.
My understanding is that overtime work on a regular basis - whether daily, weekly, or quarterly - may not be allowed as it goes against the principles under which working hours, including overtime, have been legalized and stipulated in the Act. No agreement or other laws are allowed to override this legal provision of working hours.
Samir Kr. Bhattacharya - HR & IR Consultant
From India, Calcutta
Acknowledge(0)Amend(0)
Please clarify how you are working 10 hours a day and 12 hours of overtime per week. Is this on a permanent basis, and if so, do you have sanction from the appropriate authorities under the Factory Act?
Overtime work per quarter, with approval from the appropriate Factory Inspectorate, is allowable up to 50 hours and could be stretched to 75 hours with specific approval under Section 65 (power to make an exempting order) due to "exceptional press of work."
Therefore, you may seek exemption from the factory inspectorate with a valid reason under the aforementioned provision of the Act.
My understanding is that overtime work on a regular basis - whether daily, weekly, or quarterly - may not be allowed as it goes against the principles under which working hours, including overtime, have been legalized and stipulated in the Act. No agreement or other laws are allowed to override this legal provision of working hours.
Samir Kr. Bhattacharya - HR & IR Consultant
From India, Calcutta
Acknowledge(0)Amend(0)
I just spent almost a whole day today debating this matter at a client meeting. The conclusion seems to be in line with what we discussed here: there is no legal way to get this done. It's a risk, but there is no penalty specified for this as such (only general penalty under the factory act). If you are paying double pay, the factory inspector is not likely to take action (provided the OT hours are not excessive).
I would have loved to say, "Don't do it. It's illegal, and workers should go home after 1 shift." But apparently, MIL is right; it's a universal practice and perhaps necessary.
From India, Mumbai
Acknowledge(0)Amend(0)
I would have loved to say, "Don't do it. It's illegal, and workers should go home after 1 shift." But apparently, MIL is right; it's a universal practice and perhaps necessary.
From India, Mumbai
Acknowledge(0)Amend(0)Engage with peers to discuss and resolve work and business challenges collaboratively - share and document your knowledge. Our AI-powered platform, features real-time fact-checking, peer reviews, and an extensive historical knowledge base. - Join & Be Part Of Our Community.
PMRPY-DEDUCTION -SOLUTION.xls
Nominee vs legal heir.pdf