Hello my dear freinds, I work in a company (MNC), where there is a policy of not paying overtime. However, there are some teams that work 15 hours in a day and also cme on holidays and saturdays (we follow a 5day week). What I wanted to know is...
- Under what category does an MNC fall, Factories Act or Shop Establishment Act?
- Does the company have to pay us overtime as we work at least 80-85 hours a week?
From India, Mumbai
- Under what category does an MNC fall, Factories Act or Shop Establishment Act?
- Does the company have to pay us overtime as we work at least 80-85 hours a week?
From India, Mumbai
Hi Pooja,
Factories Act applies to manufacturing units. So if your MNC is a manufacturing unit, Factories act will apply. For everything else it would be Shops and Establishments Act.
The company's overtime policy would be outlined in the Standing Orders of the company. As per Indian laws, you are only required to work 48 hours a week, or maximum of 60 hours with breaks. If you are working more than that, you are definitely entitled to overtime.
Check what your appointment letter states in terms of working hours and payment for overtime. If there is no clause for overtime and no compulsion to work extra, you can refuse to put in the extra hours.
But then again, this is as per company policy and no labour officer ever checks whether MNC companies are following the laws or not. So chances are, you will not be getting your overtime.
Regards,
Gaurang
From India, Ahmadabad
9Factories Act applies to manufacturing units. So if your MNC is a manufacturing unit, Factories act will apply. For everything else it would be Shops and Establishments Act.
The company's overtime policy would be outlined in the Standing Orders of the company. As per Indian laws, you are only required to work 48 hours a week, or maximum of 60 hours with breaks. If you are working more than that, you are definitely entitled to overtime.
Check what your appointment letter states in terms of working hours and payment for overtime. If there is no clause for overtime and no compulsion to work extra, you can refuse to put in the extra hours.
But then again, this is as per company policy and no labour officer ever checks whether MNC companies are following the laws or not. So chances are, you will not be getting your overtime.
Regards,
Gaurang
From India, Ahmadabad
Dear Gaurang, the appointment letter states that the working hours are 10am to 6pm from Monday to Friday. The MNC that I work for is not a manufacturing unit. It has more than 5000 employees in the major continents and 5 offices in India.
What is a labour officer? Do they have each one for state. Does this mean, our team membres can get overtime?
Can a Indian company ask its employees not to make plans on weekends/holidays so that employees can go to office and work(without pay)?
Can you please inform me what Govt organisation looks into this?
Extra pay or no extra pay, it has become very hard as late working hours are affecting my health. I do understand that 3-4 hours in a day could be required sometimes in a month but every day it can take a toll not only with health but also other activities such as going to bank for house loan as even weekends they have asked me to work.
Some freinds tell me that most white collar industrys in India have the same problem.
Your help would be really apprectiated.
From India, Mumbai
What is a labour officer? Do they have each one for state. Does this mean, our team membres can get overtime?
Can a Indian company ask its employees not to make plans on weekends/holidays so that employees can go to office and work(without pay)?
Can you please inform me what Govt organisation looks into this?
Extra pay or no extra pay, it has become very hard as late working hours are affecting my health. I do understand that 3-4 hours in a day could be required sometimes in a month but every day it can take a toll not only with health but also other activities such as going to bank for house loan as even weekends they have asked me to work.
Some freinds tell me that most white collar industrys in India have the same problem.
Your help would be really apprectiated.
From India, Mumbai
Hi Pooja,
I am glad that you started this topic, but unsure whether you would be able to do anything about it.
Working overtime has become a perennial problem in all private companies today. But really it is not the companies fault rather the culture that we have ourselves to blame for. For eg. in my office all my collegues will waste their whole day but start working after 3 or 4 pm since they need to show the management the workload they have or the hardwork they are putting in, any one leaving early on a daily basis is highlighted through office gossip. The one's who leave early are usually called by their bosses and spoken to.
By mentioning this i am not saying that everybody is working late for the wrong reasons, there are genuine reasons as well. But late sittings have become a norm in our culture. With shortage of jobs, availability of manpower no one wants to question anybody.
And by the way most of the companies do not give overtime, since you are working late on your own.
From India, Mumbai
I am glad that you started this topic, but unsure whether you would be able to do anything about it.
Working overtime has become a perennial problem in all private companies today. But really it is not the companies fault rather the culture that we have ourselves to blame for. For eg. in my office all my collegues will waste their whole day but start working after 3 or 4 pm since they need to show the management the workload they have or the hardwork they are putting in, any one leaving early on a daily basis is highlighted through office gossip. The one's who leave early are usually called by their bosses and spoken to.
By mentioning this i am not saying that everybody is working late for the wrong reasons, there are genuine reasons as well. But late sittings have become a norm in our culture. With shortage of jobs, availability of manpower no one wants to question anybody.
And by the way most of the companies do not give overtime, since you are working late on your own.
From India, Mumbai