Hello my dear freinds, I work in a company (MNC), where there is a policy of not paying overtime. However, there are some teams that work 15 hours in a day and also cme on holidays and saturdays (we follow a 5day week). What I wanted to know is...
- Under what category does an MNC fall, Factories Act or Shop Establishment Act?
- Does the company have to pay us overtime as we work at least 80-85 hours a week?
From India, Mumbai
- Under what category does an MNC fall, Factories Act or Shop Establishment Act?
- Does the company have to pay us overtime as we work at least 80-85 hours a week?
From India, Mumbai
Hi Pooja,
Factories Act applies to manufacturing units. So if your MNC is a manufacturing unit, Factories act will apply. For everything else it would be Shops and Establishments Act.
The company's overtime policy would be outlined in the Standing Orders of the company. As per Indian laws, you are only required to work 48 hours a week, or maximum of 60 hours with breaks. If you are working more than that, you are definitely entitled to overtime.
Check what your appointment letter states in terms of working hours and payment for overtime. If there is no clause for overtime and no compulsion to work extra, you can refuse to put in the extra hours.
But then again, this is as per company policy and no labour officer ever checks whether MNC companies are following the laws or not. So chances are, you will not be getting your overtime.
Regards,
Gaurang
From India, Ahmadabad
9Factories Act applies to manufacturing units. So if your MNC is a manufacturing unit, Factories act will apply. For everything else it would be Shops and Establishments Act.
The company's overtime policy would be outlined in the Standing Orders of the company. As per Indian laws, you are only required to work 48 hours a week, or maximum of 60 hours with breaks. If you are working more than that, you are definitely entitled to overtime.
Check what your appointment letter states in terms of working hours and payment for overtime. If there is no clause for overtime and no compulsion to work extra, you can refuse to put in the extra hours.
But then again, this is as per company policy and no labour officer ever checks whether MNC companies are following the laws or not. So chances are, you will not be getting your overtime.
Regards,
Gaurang
From India, Ahmadabad
Dear Gaurang, the appointment letter states that the working hours are 10am to 6pm from Monday to Friday. The MNC that I work for is not a manufacturing unit. It has more than 5000 employees in the major continents and 5 offices in India.
What is a labour officer? Do they have each one for state. Does this mean, our team membres can get overtime?
Can a Indian company ask its employees not to make plans on weekends/holidays so that employees can go to office and work(without pay)?
Can you please inform me what Govt organisation looks into this?
Extra pay or no extra pay, it has become very hard as late working hours are affecting my health. I do understand that 3-4 hours in a day could be required sometimes in a month but every day it can take a toll not only with health but also other activities such as going to bank for house loan as even weekends they have asked me to work.
Some freinds tell me that most white collar industrys in India have the same problem.
Your help would be really apprectiated.
From India, Mumbai
What is a labour officer? Do they have each one for state. Does this mean, our team membres can get overtime?
Can a Indian company ask its employees not to make plans on weekends/holidays so that employees can go to office and work(without pay)?
Can you please inform me what Govt organisation looks into this?
Extra pay or no extra pay, it has become very hard as late working hours are affecting my health. I do understand that 3-4 hours in a day could be required sometimes in a month but every day it can take a toll not only with health but also other activities such as going to bank for house loan as even weekends they have asked me to work.
Some freinds tell me that most white collar industrys in India have the same problem.
Your help would be really apprectiated.
From India, Mumbai
Hi Pooja,
I am glad that you started this topic, but unsure whether you would be able to do anything about it.
Working overtime has become a perennial problem in all private companies today. But really it is not the companies fault rather the culture that we have ourselves to blame for. For eg. in my office all my collegues will waste their whole day but start working after 3 or 4 pm since they need to show the management the workload they have or the hardwork they are putting in, any one leaving early on a daily basis is highlighted through office gossip. The one's who leave early are usually called by their bosses and spoken to.
By mentioning this i am not saying that everybody is working late for the wrong reasons, there are genuine reasons as well. But late sittings have become a norm in our culture. With shortage of jobs, availability of manpower no one wants to question anybody.
And by the way most of the companies do not give overtime, since you are working late on your own.
From India, Mumbai
I am glad that you started this topic, but unsure whether you would be able to do anything about it.
Working overtime has become a perennial problem in all private companies today. But really it is not the companies fault rather the culture that we have ourselves to blame for. For eg. in my office all my collegues will waste their whole day but start working after 3 or 4 pm since they need to show the management the workload they have or the hardwork they are putting in, any one leaving early on a daily basis is highlighted through office gossip. The one's who leave early are usually called by their bosses and spoken to.
By mentioning this i am not saying that everybody is working late for the wrong reasons, there are genuine reasons as well. But late sittings have become a norm in our culture. With shortage of jobs, availability of manpower no one wants to question anybody.
And by the way most of the companies do not give overtime, since you are working late on your own.
From India, Mumbai
Dear Tej, this situation is similer to my office and since we service clients, we get work at 6pm in the evening and we are expected to complete it the next morning. The problam is that the work can take 12 hrs to complete. I think that is wrong as realistic timelines should be given. I know it is the case at most of workplace in India.
But I also know that there are laws to protect employees from exploitation.
Who should I approach? I do not want to take the legal route per se. Who can a white collar employee report to in India?
is the company law board or are there labour officers? Can I send them an email?
Thanks any help would be really appriceated.
From India, Mumbai
But I also know that there are laws to protect employees from exploitation.
Who should I approach? I do not want to take the legal route per se. Who can a white collar employee report to in India?
is the company law board or are there labour officers? Can I send them an email?
Thanks any help would be really appriceated.
From India, Mumbai
Dear Pooja,
Over time wages applicable to persons which attracts workmen defination as defined in Factories Act & Rules if it a manufacturing unit, i'm not clear what actually your organisation is. wn checking with minimum wages act, their it states double the payment of wages for overtime which extends normal working hours (8 Hours in a day exclusive of intervals for Lunch & tea breaks) hope your organisation works on only general shifts (10 am to 6pm), if it works only on general shift kindly have schedule timings in such a way tht it should maximum 10 hrs (2 hrs for lunch tea coffee etc break & eight hours work) and display the same in the premises of our establishment so that your problem will get resolved.
If your working on shift basis please do call me to provide detailed info.
+91 9629488214
From Australia
Over time wages applicable to persons which attracts workmen defination as defined in Factories Act & Rules if it a manufacturing unit, i'm not clear what actually your organisation is. wn checking with minimum wages act, their it states double the payment of wages for overtime which extends normal working hours (8 Hours in a day exclusive of intervals for Lunch & tea breaks) hope your organisation works on only general shifts (10 am to 6pm), if it works only on general shift kindly have schedule timings in such a way tht it should maximum 10 hrs (2 hrs for lunch tea coffee etc break & eight hours work) and display the same in the premises of our establishment so that your problem will get resolved.
If your working on shift basis please do call me to provide detailed info.
+91 9629488214
From Australia
Dear Roopapavan, we are not working in shifts. Our is a proper 9-6 job general shift.
I would now like to know if I can complain somewhere? What labour officer to complain to? Any other labour organisation that I can report my company and the industry as a whole? I feels that I am explioted.
From India, Mumbai
I would now like to know if I can complain somewhere? What labour officer to complain to? Any other labour organisation that I can report my company and the industry as a whole? I feels that I am explioted.
From India, Mumbai
Dear Pooja,
As you said your Company is AMC and not in manufacturing industry hence you have to follow shops and establishment rules. Even you are working 5 days in a week with 10 am to 6 pm office timing means your total working hours is less than 48 hrs, hence you are following the rules of office hrs. Overtime rules are depends on Company to Company basis if your policy says no overtime for any particular grade you have to follow the Company Policy accordingly.
Regards,
Suchita Bangera
From India, Pune
As you said your Company is AMC and not in manufacturing industry hence you have to follow shops and establishment rules. Even you are working 5 days in a week with 10 am to 6 pm office timing means your total working hours is less than 48 hrs, hence you are following the rules of office hrs. Overtime rules are depends on Company to Company basis if your policy says no overtime for any particular grade you have to follow the Company Policy accordingly.
Regards,
Suchita Bangera
From India, Pune
Dear Pooja,
Please be guided that working hours, as given in above replies, are enforceable by Labour Authorities only if you fall in the workman category.
The definition of workman is very vast. Supreme Court , in one of its Judgements, has ruled Airline Pilots to be workman - notwithstanding that they are drawing huge salaries !!
• While deciding if an employee is a workman or not, the decisive factor is the nature of duties irrespective of managerial designation or handsome salary.
• An employee having designation of District Manager, discharging functions of sales promotion, having authority only to recommend the leave application of other employees, not having authority to sanction the leaves, to appoint, promote or taking disciplinary action or exercising an independent decision making power, has been held to be a workman.
So, if are seriously looking at complaining to Labour Authorities, you have to be sure that you fall in the workman category.
If you are a managerial category, the only other legal recourse you have to file a civil suit for exploitation by your employer. The other option is to resign & work for a more professional company who care about work life balance of their employees.
Regards
Anil Raina
Mob:9810180148
From India, Delhi
Please be guided that working hours, as given in above replies, are enforceable by Labour Authorities only if you fall in the workman category.
The definition of workman is very vast. Supreme Court , in one of its Judgements, has ruled Airline Pilots to be workman - notwithstanding that they are drawing huge salaries !!
• While deciding if an employee is a workman or not, the decisive factor is the nature of duties irrespective of managerial designation or handsome salary.
• An employee having designation of District Manager, discharging functions of sales promotion, having authority only to recommend the leave application of other employees, not having authority to sanction the leaves, to appoint, promote or taking disciplinary action or exercising an independent decision making power, has been held to be a workman.
So, if are seriously looking at complaining to Labour Authorities, you have to be sure that you fall in the workman category.
If you are a managerial category, the only other legal recourse you have to file a civil suit for exploitation by your employer. The other option is to resign & work for a more professional company who care about work life balance of their employees.
Regards
Anil Raina
Mob:9810180148
From India, Delhi
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