Respected Seniors, I am working in an MNC company as an IT Support person, and our working hours are 9 hours (ie: log in at 11:30 pm & logout at 8:30 am) also, we are working on Saturday, so I wanted to find out whether it is legal or not as according to theoretical knowledge I know only 8 working hours are legal if someone is working for 6 days of a week.
even though we did not get a proper weekly off, the company is also forcing us to join on Sunday. Kindly let me know whether it is legal at the end of the company or not.
And if its illegal than please guide whrere i got the solution regarding this.
From India, New Delhi
even though we did not get a proper weekly off, the company is also forcing us to join on Sunday. Kindly let me know whether it is legal at the end of the company or not.
And if its illegal than please guide whrere i got the solution regarding this.
From India, New Delhi
9 hours duty hours is ok if there is 1 hour interval of rest. Then 8 hours will be working hours and 1 hour is rest. Therefore total working hours in a week will 6 x 8 = 48 hours. If interval of rest is half an hour, then total working hours will be more than 48 hours in a week which is illegal if not OT is paid beyond 8 hours working.
Working on Sunday but not getting OT is also illegal. For getting solution, you may approach to the labour directorate of your jurisdiction and your organization probably under the jurisdiction of S & E Act where also you may approach for solution.
S K Bandyopadhyay ( WB, Howrah)
CEO-USD HR SOLUTIONS
+91 98310 81531
www.usdhrs.in
From India, New Delhi
336Working on Sunday but not getting OT is also illegal. For getting solution, you may approach to the labour directorate of your jurisdiction and your organization probably under the jurisdiction of S & E Act where also you may approach for solution.
S K Bandyopadhyay ( WB, Howrah)
CEO-USD HR SOLUTIONS
+91 98310 81531
www.usdhrs.in
From India, New Delhi
Hi,
It's essential to consult with a legal professional or your local labour department to get accurate information specific to your location. However, I can provide you with some general information:
Labour laws stipulate a standard working week of 40 hours, usually spread over five days. Overtime may be allowed, but it usually comes with specific regulations and should be compensated accordingly. Working hours, including overtime, are often subject to legal limits to protect employees' well-being.
If your company is requiring you to work more than the legally allowed hours without proper compensation or if the schedule is affecting your work-life balance adversely, it may be worth looking into labour laws
Additionally, it's essential to review your employment contract, company policies, and labour laws to understand your rights and obligations. If you have concerns about the legality of your working hours, consider discussing the issue with your HR department or seeking legal advice to ensure you are aware of your rights and potential recourse.
Thanks
From India, Bangalore
It's essential to consult with a legal professional or your local labour department to get accurate information specific to your location. However, I can provide you with some general information:
Labour laws stipulate a standard working week of 40 hours, usually spread over five days. Overtime may be allowed, but it usually comes with specific regulations and should be compensated accordingly. Working hours, including overtime, are often subject to legal limits to protect employees' well-being.
If your company is requiring you to work more than the legally allowed hours without proper compensation or if the schedule is affecting your work-life balance adversely, it may be worth looking into labour laws
Additionally, it's essential to review your employment contract, company policies, and labour laws to understand your rights and obligations. If you have concerns about the legality of your working hours, consider discussing the issue with your HR department or seeking legal advice to ensure you are aware of your rights and potential recourse.
Thanks
From India, Bangalore
@ Dr. B V Raghunath- In your post you have mentioned " Labor laws stipulate a standard working week of 40 hours, usually spread over 5 days ". I will be grateful if you please mention in which Act and Section it has been mentioned. So far my knowledge goes it is every where 48 hours per week ( The organization is MNC & IT related organization ). So far Spread over is concerned - under Factories Act Sec-56 it is mentioned that the periods of work in a factory shall be so arranged that inclusive of interval of rest , the spread over should not be more than ten and a-half hours in any day .....
Both the working hours and Spread over is as per Act. It can not be as per service conditions.
Awaiting for your response.
Warm Regards,
S K Bandyopadhyay ( WB, Howrah )
CEO-USD HR Solutions
+91 98310 81531
www.usdhrs.in
From India, New Delhi
Both the working hours and Spread over is as per Act. It can not be as per service conditions.
Awaiting for your response.
Warm Regards,
S K Bandyopadhyay ( WB, Howrah )
CEO-USD HR Solutions
+91 98310 81531
www.usdhrs.in
From India, New Delhi
Hi,S K Bandyopadhyay
I apologize for any confusion, but it seems there might be a misunderstanding. The statement you mentioned regarding labour laws stipulating a standard working week of 40 hours spread over 5 days is a generalization and may not be specific to a particular act or section. there may be different regulations for different sectors.
The Universal standard working week is indeed around 40 hours, but specific regulations can differ. In some cases, industries such as IT may have their own set of regulations or exemptions.
If you are looking for specific information related to the working hours in an MNC or IT-related organization, it would be best to refer to the labour laws and regulations applicable.
where the organization operates. These details can typically be found in national labour codes, employment acts, or industry-specific regulations.
For accurate and up-to-date information, you may need to consult legal resources or labour authorities in the relevant jurisdiction, as labour laws can be subject to changes and updates.
Thanks,
From India, Bangalore
I apologize for any confusion, but it seems there might be a misunderstanding. The statement you mentioned regarding labour laws stipulating a standard working week of 40 hours spread over 5 days is a generalization and may not be specific to a particular act or section. there may be different regulations for different sectors.
The Universal standard working week is indeed around 40 hours, but specific regulations can differ. In some cases, industries such as IT may have their own set of regulations or exemptions.
If you are looking for specific information related to the working hours in an MNC or IT-related organization, it would be best to refer to the labour laws and regulations applicable.
where the organization operates. These details can typically be found in national labour codes, employment acts, or industry-specific regulations.
For accurate and up-to-date information, you may need to consult legal resources or labour authorities in the relevant jurisdiction, as labour laws can be subject to changes and updates.
Thanks,
From India, Bangalore
IT companies and MNCs working in India have to follow Indian Labour Laws only. Even if the number of days is 5 days, you cannot make the employees work for more than 9 hours in a day. The law which stipulates that overtime allowance at double the rate of wages should be paid for work beyond 48 hours will be read as 40 hours or 45 hours in respect of companies which have less than 48 hours work in a week. Please refer the Supreme Court verdict in Philips India Ltd Vs Labour Court, Madras and Oths (1985 SCR (3) 491, 1985 AIR 1034), wherein it was ruled that any extra hour spent over and above the scheduled working hours of the organisation would attract overtime payment at double the rate and for that 48 hours work per week is not material.
From India, Kannur
From India, Kannur
Dear Dr. B V Raghunath,
Labor is in concurrent list of Indian Constitution. Therefore, both Central as well as State Govt. have jurisdiction to frame Act and rules. It is fact that most of the Labor Acts have been implemented by the Central Govt. with State amendment in some cases. For all the Central Act State has been framed rules for implementation. There are certain specific Act also enacted by States e.g in WB , West Bengal House Rent Allowance Act etc.
In my 48 years career I have never come across sectorial acts and rules in India.
There is no specific Act or rule for IT Sector etc.
There are organizations in India where there is 5 days week but that not governed by any act or rule. It is simply practice by the specific organization. It is extra legal facility, not under any Act or Law.
S K Bandyopadhyay ( WB, Howrah)
CEO-USD HR Solutions
+91 98310 81531
www.usdhrs.in
From India, New Delhi
Labor is in concurrent list of Indian Constitution. Therefore, both Central as well as State Govt. have jurisdiction to frame Act and rules. It is fact that most of the Labor Acts have been implemented by the Central Govt. with State amendment in some cases. For all the Central Act State has been framed rules for implementation. There are certain specific Act also enacted by States e.g in WB , West Bengal House Rent Allowance Act etc.
In my 48 years career I have never come across sectorial acts and rules in India.
There is no specific Act or rule for IT Sector etc.
There are organizations in India where there is 5 days week but that not governed by any act or rule. It is simply practice by the specific organization. It is extra legal facility, not under any Act or Law.
S K Bandyopadhyay ( WB, Howrah)
CEO-USD HR Solutions
+91 98310 81531
www.usdhrs.in
From India, New Delhi
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