Anonymous
Hi,

I wanted to know what action can be taken for the following situation. Our office AC has not been working for the past 2 months, and our office does not have proper ventilation. The management has rented fans; however, since the fans are continuously working for 24 hours, the motor gets hot and in the end, it gives out hot air. There are no windows since this is a modern glass building. When we complained, our boss is telling us to resign if we cannot bear the heat.

Please advise.

From India, Mumbai
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Dear Sans3435,

Providing a conducive work environment is the responsibility of the management. Hygiene factors impact the motivation of the employees. But then, if your boss is insensitive to these basic requirements, what can you do? You have two options: either put up with the heat or tender your resignation.

By the way, who is this "boss"? Is he the MD or GM/VP? If he is the GM/VP, then you may approach the MD of your company.

Thanks,
Dinesh Divekar

From India, Bangalore
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After approaching your higher bosses, if the needful is still not done, then complain to the inspector under the Bombay Shops and Establishment Act for implementing the provisions of sections 39 and 40 of this Act. Under section 40, ventilation in the premises is essential; otherwise, the manager can be prosecuted under the Act.

It may be noted that if your establishment has more than 50 employees, then under section 38B of the Act, the provisions of Model Standing Orders are applicable. An employee cannot be terminated without compliance with the principles of natural justice. Termination for this reason will not be valid in the eyes of the law and will be set aside.

Thanks,

Sushil

From India, New Delhi
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It needs clarification and pointing out that section 38-B of the Bombay Shops and Commercial Establishment Act is applicable to workmen, whereas section 66 thereof is applicable to other employees. (see The Indian Tobacco Company vs. The Industrial Court And Ors. on 25 October 1989, Equivalent citations: (1994) IIILLJ 459 Bom)

Thanks,
Sushil

From India, New Delhi
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Nowadays, most of the bosses are like that. The boss is always right. Continuously inform him about your problems when he is in a good mood or praise him in meetings and request the facility; he will consider.

D. Gurumurthy
HR & IR Consultant
Hyderabad.

From India, Hyderabad
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