Dear sir,
may i know what is my right if my boss or company is taking more working houre more then normal working and not providing any leave even sunday is also working day. right now i m wokring minimum 12 hours a days including sunday. and if i ask to regarding this problem then i get reply everytime do want job or not.
From India, Delhi
may i know what is my right if my boss or company is taking more working houre more then normal working and not providing any leave even sunday is also working day. right now i m wokring minimum 12 hours a days including sunday. and if i ask to regarding this problem then i get reply everytime do want job or not.
From India, Delhi
Dear Rajiv
If you fall in workman category then over and above 9 hours of duty you are entitled to get overtime at double the rate of your normal wages. Giving a weekly off is compulsory by law. Where your company is located? What is the business of company? How many employees are there? The answers to these question will help me to ascertain the correct legal position.
From India, Mumbai
19If you fall in workman category then over and above 9 hours of duty you are entitled to get overtime at double the rate of your normal wages. Giving a weekly off is compulsory by law. Where your company is located? What is the business of company? How many employees are there? The answers to these question will help me to ascertain the correct legal position.
From India, Mumbai
Dear
If you fall within the category of "employee ' under your local Shops and Establishments Act then it provides for holidays and hours of work.you need to check on this.
rajanassociates
https://www.citehr.com/285737-legal-...-industry.html
From India, Bangalore
If you fall within the category of "employee ' under your local Shops and Establishments Act then it provides for holidays and hours of work.you need to check on this.
rajanassociates
https://www.citehr.com/285737-legal-...-industry.html
From India, Bangalore
Dear Sir,
My company head office is in Kazakistan and india corporate office is in gurgaon and this is construction line company, all over world they have approx 38000 manpower, I am wokring here in IT department as a Engineer, i already discussed this to my HR regarding long working hour and also regarding if i work on holiday, but they said there is no policy in company regarding over time payment they just provide only transportaion and fooding expenses (acutal of transport and 100 rs for fooding) for Holiday working, even as per company policy office is 5day working schedule but my boss dont allow us also any govt registered holiday like 25th dec, 26th jan. i was getting sunday holiday in gurgaon office but jst 20 day back they transfered me in another location, in this location all empoloyee are working more then 12 hours a day including sunday also. this office is not permanent office of company bcose this is only site office after finish the work this office will be closed so company is providing here residence, fooding and transportaion now i want to know..... is it enough benifit for employee??? if compnay providing like this benifits then now after that we have right to ask for payment of overtime working.
please suggest me also what is the best reply if my manager/boss say me everytime - DO WANT JOB OR NOT- if not then give resign.
From India, Delhi
My company head office is in Kazakistan and india corporate office is in gurgaon and this is construction line company, all over world they have approx 38000 manpower, I am wokring here in IT department as a Engineer, i already discussed this to my HR regarding long working hour and also regarding if i work on holiday, but they said there is no policy in company regarding over time payment they just provide only transportaion and fooding expenses (acutal of transport and 100 rs for fooding) for Holiday working, even as per company policy office is 5day working schedule but my boss dont allow us also any govt registered holiday like 25th dec, 26th jan. i was getting sunday holiday in gurgaon office but jst 20 day back they transfered me in another location, in this location all empoloyee are working more then 12 hours a day including sunday also. this office is not permanent office of company bcose this is only site office after finish the work this office will be closed so company is providing here residence, fooding and transportaion now i want to know..... is it enough benifit for employee??? if compnay providing like this benifits then now after that we have right to ask for payment of overtime working.
please suggest me also what is the best reply if my manager/boss say me everytime - DO WANT JOB OR NOT- if not then give resign.
From India, Delhi
Mr. Rajiv,
Suppose you are fall on labour category the hours of working and national holiday will be freezed. say "one day holiday with pay for every six days of continued work" and eight hours of duty with one hour lunch time. Suppose you are fall on Management category, it depends on the Management / HR policy. In that case you need not demand for any overtime wages except some kind of late hours working allowance. Regarding holiday on Sunday should be given as rest day and the working day may become optional or compensatory holiday. You can force for the rest day on sunday for which the mgmt need to rework on it. whereas they can not say work or not to work. As per Employment Act, they must observe one day as rest day in a week and can not say work or not to work. You can tell them continuous work without rest is an offence as per employment Act and can not take action against the demand by any employee in this regard.
T. Kumar
From India, Madras
Suppose you are fall on labour category the hours of working and national holiday will be freezed. say "one day holiday with pay for every six days of continued work" and eight hours of duty with one hour lunch time. Suppose you are fall on Management category, it depends on the Management / HR policy. In that case you need not demand for any overtime wages except some kind of late hours working allowance. Regarding holiday on Sunday should be given as rest day and the working day may become optional or compensatory holiday. You can force for the rest day on sunday for which the mgmt need to rework on it. whereas they can not say work or not to work. As per Employment Act, they must observe one day as rest day in a week and can not say work or not to work. You can tell them continuous work without rest is an offence as per employment Act and can not take action against the demand by any employee in this regard.
T. Kumar
From India, Madras
Dear Jain Rajiv,
Basing on your experience you may explore the possibility of securing a good job, however your family may also be an issue. My advice is work with them & inquire about other companies or other industries near by and you can resign.
It is also necessary to know whether any PF is being deducted from your salary and employer's PF share is also being remitted to PF office.
Since how long you are with the present job?
All your answers shall need to be considered to give proper guidance.
All the best, do not get frustrated.
Reg
Subbaa Rau Ravula
From India, Hyderabad
Basing on your experience you may explore the possibility of securing a good job, however your family may also be an issue. My advice is work with them & inquire about other companies or other industries near by and you can resign.
It is also necessary to know whether any PF is being deducted from your salary and employer's PF share is also being remitted to PF office.
Since how long you are with the present job?
All your answers shall need to be considered to give proper guidance.
All the best, do not get frustrated.
Reg
Subbaa Rau Ravula
From India, Hyderabad
- Irrespective of whether you are manager or workman, your body and mind needs rest. Expecting regular working for 12 hours is unfair, unethical and illegal as well.
- I am not sure, everybody at your site office works for 12 hours or only few like you are forced to work beyond normal working hours. In that case you will have to convince your boss that, you will complete all your days work in 8-9 hours and you be allowed to leave office once your work is over. Some times very nature of work is such, especially project type of work where you are always struggling to meet time deadlines and it is a race against time and you have no option but to work non stop. You are the best judge of the situation at your work place.
- You need to clearly understand the psyche and thinking of your boss and management and find out a way out like convincing them to allow you to leave after 8-9 hours working, provided you are delivering the targeted work volume in time or work for 12 hours since it is a demand of situation and also enjoy working and delivering the results.
- In case above suggestions are not going to work with you, look for another job.
From India, Pune
Hi Rajiv,
Hope you quit before the frustration eats into your self esteem.
I was stuck with such a company (in Kapashera, Gurgaon) which was a dairy plant and the owner did not even provide us chairs as we might sleep! I left within two months.
One thing you can do till the time you stay there is to work in the first half, take a 24 hour break and then again work in the second half in the next day.
However hope you get a better option sooon.
Regards,
Aanand
From India, New Delhi
Hope you quit before the frustration eats into your self esteem.
I was stuck with such a company (in Kapashera, Gurgaon) which was a dairy plant and the owner did not even provide us chairs as we might sleep! I left within two months.
One thing you can do till the time you stay there is to work in the first half, take a 24 hour break and then again work in the second half in the next day.
However hope you get a better option sooon.
Regards,
Aanand
From India, New Delhi
Dear Mr. Rajiv
Once upon a time in our Indian Service Industries there will be a wall hanging or Board which says Service is our Motto
and in reality they will not provide any proper service. (e.g., Banking Industry - Working Hours 10 to 5 Service Hours 10 to 2 and If you go to bank at 1:45 the casheer and other staff will bite you). But nowadays the entire scenario has changed.
Really Banks are working for 12 hours and other service industries are also started recognising the survival part and started extending their services even after the service hours, if you approach.
Yours is a unorganised sector i.e., construction Industry. You can see the workmen are working from morning 8 am to night 10 or 11 pm, which has become inevitable for survival.
If you complain about the working hours to labour commissioner also your case will not be considered, because You are a IT Person and you cannot be a labour. (Here the beneficiary is the Labour Commissioner. that's all).
The only remedy is you have to change your industry from construction field to Manufacturing field or other services field.
Think ten times about the consequencies of your deed before you proceed further.
Wish you All the best.
From India, Kumbakonam
Once upon a time in our Indian Service Industries there will be a wall hanging or Board which says Service is our Motto
and in reality they will not provide any proper service. (e.g., Banking Industry - Working Hours 10 to 5 Service Hours 10 to 2 and If you go to bank at 1:45 the casheer and other staff will bite you). But nowadays the entire scenario has changed.
Really Banks are working for 12 hours and other service industries are also started recognising the survival part and started extending their services even after the service hours, if you approach.
Yours is a unorganised sector i.e., construction Industry. You can see the workmen are working from morning 8 am to night 10 or 11 pm, which has become inevitable for survival.
If you complain about the working hours to labour commissioner also your case will not be considered, because You are a IT Person and you cannot be a labour. (Here the beneficiary is the Labour Commissioner. that's all).
The only remedy is you have to change your industry from construction field to Manufacturing field or other services field.
Think ten times about the consequencies of your deed before you proceed further.
Wish you All the best.
From India, Kumbakonam
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No more working till late hours.doc
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