Dear All,
According to my knowledge a employer cannot increase number of working hours or decrease Earned Leaves without majority of employees consent or without their prior consent.Kindly correct me if i am wrong?I will also request me to provide some extract to support my views if i am correct?
Thanks & Regards
C.M.Mohla
From India, Delhi
14According to my knowledge a employer cannot increase number of working hours or decrease Earned Leaves without majority of employees consent or without their prior consent.Kindly correct me if i am wrong?I will also request me to provide some extract to support my views if i am correct?
Thanks & Regards
C.M.Mohla
From India, Delhi
In respect of workers (workmen as defined in Industrial Disputes Act) increasing the hours of work will involve changing the service conditions which requires 21 days advance notice as per section 9A of the ID Act. At the same time, if the service conditions stipulate that the management can change the conditions of service and the employee is bound to follow it, then any change within the boundaries of law is permissible and in line with statute. That means, if the present hours of work is, say 8 hours including intervals for lunch and tea, and the management asks the employees to increase it to 8 hours working excluding intervals for lunch and tea or even 9 hours subject to a maximum of 48 hours in a week, then is change is subject to legal requirements with regard to hours of work.
In Oil and Natural Gas Commission vs Their Workmen [ (1972) 42 F J R 551] it was held that fixation of hours of work within the provisions of law is a management prerogative and increasing it from a lessor hours to hours permitted under the Act will not involve changing conditions of service.
Madhu.T.K
From India, Kannur
In Oil and Natural Gas Commission vs Their Workmen [ (1972) 42 F J R 551] it was held that fixation of hours of work within the provisions of law is a management prerogative and increasing it from a lessor hours to hours permitted under the Act will not involve changing conditions of service.
Madhu.T.K
From India, Kannur
Dear Madhu T K,
The company plans to increase working hours including lunch & tea time from 8 to 9 hrs a day & six days working.Also Kindly advise about the earned leave issue as well.
Thanks & Regards
C.M.Mohla
From India, Delhi
The company plans to increase working hours including lunch & tea time from 8 to 9 hrs a day & six days working.Also Kindly advise about the earned leave issue as well.
Thanks & Regards
C.M.Mohla
From India, Delhi
If the lunch and tea time is 1 hour (Break) then it is not against the Act/Law as adviced by Mr. Madhu. With regards to earned leave please refer the Factory Act/S&E Act of your state.
From India, Ahmadabad
From India, Ahmadabad
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