Greetings! We have an employee named Babita working as Asst manager in our organization since 4 May 06. In October 2007 due to her personal reasons, she was allowed to work from home. She came to the office only two hours daily. Rest of the time she was showing working from home. That time her salary was was 6000/-
In Jan 08, she got a appraisal and unfortunately the manager left the Job. Her salary was made 15000/- and she use to work only two hours.
After 2 months the manager joined back again.
Now, she is on maternity Leave for three months and she has accumulated 30 PL's as well.
My concern is Nowhere it is mentioned in the documents that she is a part time employee. Moreover my question is:
Does a Part time employee get Maternity, PL benefits, Appraisals etc??
Kindly clarify the same.
Urgent
Thanks,
Vineet
From India, Chandigarh
8In Jan 08, she got a appraisal and unfortunately the manager left the Job. Her salary was made 15000/- and she use to work only two hours.
After 2 months the manager joined back again.
Now, she is on maternity Leave for three months and she has accumulated 30 PL's as well.
My concern is Nowhere it is mentioned in the documents that she is a part time employee. Moreover my question is:
Does a Part time employee get Maternity, PL benefits, Appraisals etc??
Kindly clarify the same.
Urgent
Thanks,
Vineet
From India, Chandigarh
There is no separate rules for part time employees, All the rules applicable for regular employees are equally holds good for part timers.
From India, Hyderabad
From India, Hyderabad
Oh Gosh Vineet, is the staff Boss daugter/or special case.:-D.
There is no staright answer to the question.
1. Part-time employee do not enjoy the benefit and previledge of full time employee.
2. Appraisal, is purely management decision as this is based on her performance and not type of "contract" of work is doing for company.
3. PL, SL and Maternity Leave ofcourse not applicable to Part-time staff. If the management gives this it will be a injustice for employees who are working full time.
4. Please immediately have an addendum added to the employee original appt letter of her wages and benefits as part-time employee and have all non-standard benefits listed clearly.
5. You did not mention, if you are paying her salary in full. If that is the case, the emplyee will claim full-time employee and all the benefits since you do not have anything in writing.
6. Please note that In many organizations, one differentiation between full time and part time employees is eligibility for benefitssuch as health insurance, paid time off, paid vacation days and sick leave. Some organizations enable part time employees to collect a pro-rated set of benefits. In other organizations, part time status makes an employee ineligible for any benefits. Now Your company needs to take this call.
7. Part time employees are benefitting from employers’ willingness to consider work schedule options such as flexible schedules and job sharing and free from the pressure one has while in office and ofcourse the commuting time which regular employee has to do.
Hope above give few insight to your decision. I will try include some actual cases later.
All the best
Ukmitra
From Saudi Arabia, Riyadh
Hi Vineet,
Whether the employee is an part time/an full time employee,the company is suppose to give the employee various benefits which are mandatory immediately after a co.appoints him/her.
In your case which you hav mentioned,she is totally liable to get in particular the maternity benefits.
:p:p
Regards,
Ravinder kumar.
From India, Delhi
Whether the employee is an part time/an full time employee,the company is suppose to give the employee various benefits which are mandatory immediately after a co.appoints him/her.
In your case which you hav mentioned,she is totally liable to get in particular the maternity benefits.
:p:p
Regards,
Ravinder kumar.
From India, Delhi
Both the replies here are contradictory again by Ukmitra and Ravinder. If somebody else can throw some more light on this issue. It will be very helpful. Thanks, Vineet
From India, Chandigarh
From India, Chandigarh
Since there is no separate rules for regular & part-time employees the exising rules are applicable for both.
In this connection, I wish to draw you attention on a Judgment of Delhi High Court, dated.1st Aug. 2006.
Back ground of the case : A workman used to sweep ½ hr in an office for Rs.60/- pm since 1976. Two years later, on his request the office manager agreed to pay Rs.130/pm for additional work of dusting. So he was dusting and sweeping the office. He had also been doing the similar works in some other offices. Four months later, he was removed from his services, when he demanded as per Minimum Wages Act.
(Literally speaking, the workman was not under the control of any organization and was free to leave his job at his free will & pleasure and hence he was not an employee of any organization. He was only a self employed.)
The dispute between the sweeper and the employer passed through Labour Court and High Court. Extracts from judgment is as follows
Decision of Labour Court: “The Labour Court held that a part time employee was covered by the definition of workman as given in section 2(s) of Industrial Disputes Act, and had awarded reinstatement with full back wages.”
“Delhi High Court considered that looking into the definition of section 2(s) and cateria of judgments, a part time workman is equally a workman and is entitled for protection available to a full time workman.”
“The interest of justice will be served if he is paid a compensation of Rs.25000/-. The award of the Industrial Tribunal is modified and the respondent/workman be paid compensation of Rs.25,000/- in lieu of reinstatement and back wages. The writ petition is disposed of accordingly.”
From India, Hyderabad
In this connection, I wish to draw you attention on a Judgment of Delhi High Court, dated.1st Aug. 2006.
Back ground of the case : A workman used to sweep ½ hr in an office for Rs.60/- pm since 1976. Two years later, on his request the office manager agreed to pay Rs.130/pm for additional work of dusting. So he was dusting and sweeping the office. He had also been doing the similar works in some other offices. Four months later, he was removed from his services, when he demanded as per Minimum Wages Act.
(Literally speaking, the workman was not under the control of any organization and was free to leave his job at his free will & pleasure and hence he was not an employee of any organization. He was only a self employed.)
The dispute between the sweeper and the employer passed through Labour Court and High Court. Extracts from judgment is as follows
Decision of Labour Court: “The Labour Court held that a part time employee was covered by the definition of workman as given in section 2(s) of Industrial Disputes Act, and had awarded reinstatement with full back wages.”
“Delhi High Court considered that looking into the definition of section 2(s) and cateria of judgments, a part time workman is equally a workman and is entitled for protection available to a full time workman.”
“The interest of justice will be served if he is paid a compensation of Rs.25000/-. The award of the Industrial Tribunal is modified and the respondent/workman be paid compensation of Rs.25,000/- in lieu of reinstatement and back wages. The writ petition is disposed of accordingly.”
From India, Hyderabad
Dear parasurampur,
Good quote from law and an excellent example. This is an excellent case of Prevention of Less Favourable Treatment for Part-time employees which should be avoided in all instance. And in both the cases the judgement is approrpiate. One needs to understand in both case as what was demanded by the labor and then we will have a proper understanding. If you have the details ruling, I would love to read them. There are various ruling by the Labour act especially for unorganised sector. And in this case we are delaing with an Executive who is already working from home and puts only few hours at office.
I feel that it would be an injustice towards a full time employee if one gives the same benefits as full time employees to a part-time emplyees. We need to have a distinction between two.
Ofcourse, since in vineet case the company has failed make any provision of the case, they will be obliged to pass on all the benefits to staff if she demands since nothing of her job in question of working part-time is in writing. Very weird.
Regards
ukmitra
From Saudi Arabia, Riyadh
Good quote from law and an excellent example. This is an excellent case of Prevention of Less Favourable Treatment for Part-time employees which should be avoided in all instance. And in both the cases the judgement is approrpiate. One needs to understand in both case as what was demanded by the labor and then we will have a proper understanding. If you have the details ruling, I would love to read them. There are various ruling by the Labour act especially for unorganised sector. And in this case we are delaing with an Executive who is already working from home and puts only few hours at office.
I feel that it would be an injustice towards a full time employee if one gives the same benefits as full time employees to a part-time emplyees. We need to have a distinction between two.
Ofcourse, since in vineet case the company has failed make any provision of the case, they will be obliged to pass on all the benefits to staff if she demands since nothing of her job in question of working part-time is in writing. Very weird.
Regards
ukmitra
From Saudi Arabia, Riyadh
Dear Parsurampur,
I completely agree with the case you have mentioned but if we keep full time and part time employees on one ground then how can we differentiate them?
My main concern is the leaves:
If a full time employee earns 12SL/CL +15 Earned leaves in one year, does a part time employee also deserves the same??
Thanks,
Vineet
From India, Chandigarh
I completely agree with the case you have mentioned but if we keep full time and part time employees on one ground then how can we differentiate them?
My main concern is the leaves:
If a full time employee earns 12SL/CL +15 Earned leaves in one year, does a part time employee also deserves the same??
Thanks,
Vineet
From India, Chandigarh
Part time employees are also have the right to get these benefits.
Actually, a part time employee, being works for the company for less hours (say 4 hours/day), automatically her/his leave is also restricted to 4 hrs/day.
In your present case, Ms. Babita is not a part time employee. As per your words, she was a full time employee and due to her personal reasons your management had allowed her to work from home. Afterwards you may ask her to back to office.
So, the question of "part time employee" does not arise at all.
From India, Hyderabad
Actually, a part time employee, being works for the company for less hours (say 4 hours/day), automatically her/his leave is also restricted to 4 hrs/day.
In your present case, Ms. Babita is not a part time employee. As per your words, she was a full time employee and due to her personal reasons your management had allowed her to work from home. Afterwards you may ask her to back to office.
So, the question of "part time employee" does not arise at all.
From India, Hyderabad
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