Hello Seniors,
In my organisation i have been asked to draft a policy on time & attendance. Since we are still in drafting stage I will like to take as much help and guidance from you seniors before we finalize the policy. I am looking forward for your help & support and guidance.( Mine is a construction company).
For drafting the policy i have taken into consideration the following :-
a) National Holiday rules, 26th January, the 1st May, the 15th August and the 2nd October are a must. Company has to have official holiday on these days. ( My question is what if an organisation does not follow what are the disadvantages of the same.)
b) Also i have taken care of the requirement as per factories act which states that- an adult worker shall not be employed for more than 48 (forty eight) hours in a week and not more than 9 (nine) hours in a day. A compulsory rest of at least half an hour (30 minutes) between each period of work and such period of work shall not exceed five hours. Total period of work inclusive of rest interval cannot be more than 10.5 hours. Also i have taken care of the Shops and Establishment act State act - State act fixes the maximum number of work hours to 9 hours a day and 48 hours a week. As far as OT is concerned if an employee works for more than 9 hours a day or 48 hours a week he starts getting OT. It further mentions that Every shop and commercial establishment shall remain closed on one day of the week.It shall not be lawful for an employer to call an employee at, or for an employee to go to, his shop or commercial establishment or any other place for any work in connection with the business of his shop or commercial establishment on a day on which such shop or commercial establishment remains closed.
( Again my question is what if the organisation is not adhering to the timings and employee is asked to work from 8.30 to 7 every day for 15 days i.e. he shall be eligible for Weekly off only once in 15 days- is this legal , what are the consequences of such working conditions and rules. The answer which i get from the heads is this is not an employee employer relationship all employees are working hear as sevarthies. Please guide me on the consequences so that i can accordingly guide them correctly, as they themselves are sevarthies and not professionals, hence do not know the rules and regulations that what i resume. )
c) Also i have been asked to draft that Lunch shall be taken at site office and at work place itself. All staff shall remain in the work place during lunch time also. I.e. No staff shall leave work place during lunch time. There is a very small pantry area which has 8 sitting capacity and staff strength which we shall have shall be 80 to 85 ( My question is is this legal, can an organisation force/ interfere or manipulate a basic fundamental right of an individual of having his own food. Please guide if this is okay )
d) Also Lunch hours of the company will be from 1.00 P.M. to 2.00 P.M. All employees should be particular about the timings. Is this practice of having an fixed lunch time as per the basic fundamental right of an individual. I feel we can fix an period of 1 hour for lunch but cannot force anyone to have lunch at a time desired by the organisation. Request your all guidance in the same.
I still have time to convenience them as the policy is not yet finalized and also the company is not yet operational we are in the final stages of going operational. Looking for you all guidance!
From India, Mahesana
6In my organisation i have been asked to draft a policy on time & attendance. Since we are still in drafting stage I will like to take as much help and guidance from you seniors before we finalize the policy. I am looking forward for your help & support and guidance.( Mine is a construction company).
For drafting the policy i have taken into consideration the following :-
a) National Holiday rules, 26th January, the 1st May, the 15th August and the 2nd October are a must. Company has to have official holiday on these days. ( My question is what if an organisation does not follow what are the disadvantages of the same.)
b) Also i have taken care of the requirement as per factories act which states that- an adult worker shall not be employed for more than 48 (forty eight) hours in a week and not more than 9 (nine) hours in a day. A compulsory rest of at least half an hour (30 minutes) between each period of work and such period of work shall not exceed five hours. Total period of work inclusive of rest interval cannot be more than 10.5 hours. Also i have taken care of the Shops and Establishment act State act - State act fixes the maximum number of work hours to 9 hours a day and 48 hours a week. As far as OT is concerned if an employee works for more than 9 hours a day or 48 hours a week he starts getting OT. It further mentions that Every shop and commercial establishment shall remain closed on one day of the week.It shall not be lawful for an employer to call an employee at, or for an employee to go to, his shop or commercial establishment or any other place for any work in connection with the business of his shop or commercial establishment on a day on which such shop or commercial establishment remains closed.
( Again my question is what if the organisation is not adhering to the timings and employee is asked to work from 8.30 to 7 every day for 15 days i.e. he shall be eligible for Weekly off only once in 15 days- is this legal , what are the consequences of such working conditions and rules. The answer which i get from the heads is this is not an employee employer relationship all employees are working hear as sevarthies. Please guide me on the consequences so that i can accordingly guide them correctly, as they themselves are sevarthies and not professionals, hence do not know the rules and regulations that what i resume. )
c) Also i have been asked to draft that Lunch shall be taken at site office and at work place itself. All staff shall remain in the work place during lunch time also. I.e. No staff shall leave work place during lunch time. There is a very small pantry area which has 8 sitting capacity and staff strength which we shall have shall be 80 to 85 ( My question is is this legal, can an organisation force/ interfere or manipulate a basic fundamental right of an individual of having his own food. Please guide if this is okay )
d) Also Lunch hours of the company will be from 1.00 P.M. to 2.00 P.M. All employees should be particular about the timings. Is this practice of having an fixed lunch time as per the basic fundamental right of an individual. I feel we can fix an period of 1 hour for lunch but cannot force anyone to have lunch at a time desired by the organisation. Request your all guidance in the same.
I still have time to convenience them as the policy is not yet finalized and also the company is not yet operational we are in the final stages of going operational. Looking for you all guidance!
From India, Mahesana
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Rules for Drafting Policy 1.doc