Hello All,
I am employee in Pvt. Ltd. Co. My duty timing is 9:30 AM to 6:00 PM. Now employer is forcing all the employees to come in office at 9:00 AM and leave office 7:00 PM . Company issued circular on Plain paper . Employees are not accepting the same but Managing Director is saying every employee shall have to follow this rule otherwise they can resign. I am in great deli ma what should i do ? Whether he can do like this? Please guide me .
Thanx in advance
PKS
From India, Delhi
I am employee in Pvt. Ltd. Co. My duty timing is 9:30 AM to 6:00 PM. Now employer is forcing all the employees to come in office at 9:00 AM and leave office 7:00 PM . Company issued circular on Plain paper . Employees are not accepting the same but Managing Director is saying every employee shall have to follow this rule otherwise they can resign. I am in great deli ma what should i do ? Whether he can do like this? Please guide me .
Thanx in advance
PKS
From India, Delhi
As per the factories act no management can ask employee to work more than 48 hrs in a week / 8 hrs a day excluding lunch time. As per your mail your management is asking for 10hrs, even you calculate one hour for lunch also the total no.of actual working hours are going to be 9hrs a day. This is against the law - if you are working for 5 days a week.
The management can not take unilateral decision, if your employees report the same to the inspector of factories / labour department they will initiate action on the management.
This is a change in service condition and a 21 days prior notice to be given and if there is any objection from the employees then only they can implement but in this case that is also not valid because they are violating the basic rule ie., 8 hrs day / 48hrs a week hence this is illegal.
Thanks and regards - kamesh
From India, Hyderabad
186The management can not take unilateral decision, if your employees report the same to the inspector of factories / labour department they will initiate action on the management.
This is a change in service condition and a 21 days prior notice to be given and if there is any objection from the employees then only they can implement but in this case that is also not valid because they are violating the basic rule ie., 8 hrs day / 48hrs a week hence this is illegal.
Thanks and regards - kamesh
From India, Hyderabad
Hi PKS,
What Kamesh says is correct. The alternative approach will be to type a letter on a paper stating that its difficult for all you, employees to put in 10 work hours a day. Also mention that it would disrupt your work life balance and all of you are happy to work with your company and would like the management to consider and revert back to 8 hours per day or 8 and 1/2 hours which you had agreed at your time of joining. Address the letter to top management and make sure ALL THE EMPLOYEES WORKING CURRENTLY SIGN ON THE LETTER. The management will have to agree.
From India, Madras
What Kamesh says is correct. The alternative approach will be to type a letter on a paper stating that its difficult for all you, employees to put in 10 work hours a day. Also mention that it would disrupt your work life balance and all of you are happy to work with your company and would like the management to consider and revert back to 8 hours per day or 8 and 1/2 hours which you had agreed at your time of joining. Address the letter to top management and make sure ALL THE EMPLOYEES WORKING CURRENTLY SIGN ON THE LETTER. The management will have to agree.
From India, Madras
Hi Parduman,
Can you mention if it is a manufacturing firm or otherwise, which sector it belongs to?
Firstly, a circular such as this ought to be printed on company's letter head and should bear signature of due authority(ties)
Secondly, They should also state the reason for increase in the time for the workforce and for how long are they planning to introduce this work-hours. Is it temporary for a few months or is this going to be a long-term practice?
Do you have an HR department? Did you try to seek help from them? What was their reaction to this situation? DId they answer you any of your queries?
From India, Mumbai
Can you mention if it is a manufacturing firm or otherwise, which sector it belongs to?
Firstly, a circular such as this ought to be printed on company's letter head and should bear signature of due authority(ties)
Secondly, They should also state the reason for increase in the time for the workforce and for how long are they planning to introduce this work-hours. Is it temporary for a few months or is this going to be a long-term practice?
Do you have an HR department? Did you try to seek help from them? What was their reaction to this situation? DId they answer you any of your queries?
From India, Mumbai
Hi,
This is nothing new with PVT. Ltd. companies. These are like personal fiefdoms and no law is applicable. I have come across numerous such companies that take unilateral decisions where the employee has no say. No one wants to bell the cat and complain to management or HR of authorities as that person could be targeted.
even if this company has a HR the HR will toe the line of the MD else loose his/her job. It is wild world out there and since jobs are not easy to find employees have to bare with all this nonsense till they find a better job.
Employees of such companies are never dedicated or loyal to such companies.
I know this is not fair but that is the sorry state of affairs in non MNC companies. MNC companies are the only ones who follow all rules and regulations, they also care for their employees.
Regards
Ronald
From India, Hyderabad
This is nothing new with PVT. Ltd. companies. These are like personal fiefdoms and no law is applicable. I have come across numerous such companies that take unilateral decisions where the employee has no say. No one wants to bell the cat and complain to management or HR of authorities as that person could be targeted.
even if this company has a HR the HR will toe the line of the MD else loose his/her job. It is wild world out there and since jobs are not easy to find employees have to bare with all this nonsense till they find a better job.
Employees of such companies are never dedicated or loyal to such companies.
I know this is not fair but that is the sorry state of affairs in non MNC companies. MNC companies are the only ones who follow all rules and regulations, they also care for their employees.
Regards
Ronald
From India, Hyderabad
Hello PKS,
While concurring with Kamesh, Ankita Shah has raised valid queries--suggest respond so that the members can give you more focused suggestions.
I am not sure IF Getsie Jesse's suggestion [".....make sure ALL THE EMPLOYEES WORKING CURRENTLY SIGN ON THE LETTER"] is realistic--Worst-case-scenario would be:RISKY. From the management's perspective, this CAN be used as a ruse--that you are trying to form an Employees Union--and you can well imagine the responses/reactions you will invite later. Not that it's wrong, but you also need to be ready for the consequences--ARE YOU?
In addition to Ankita Shah's queries, pl also confirm the Employee strength of the company.
There's one thing that doesn't seem to jell--why did the Company issued circular on Plain paper? Is it that the management is surely aware of the Rules but still went ahead with the Circular & still doesn't want to get caught later IF things go wrong? Food for thought I guess.
Rgds,
TS
From India, Hyderabad
While concurring with Kamesh, Ankita Shah has raised valid queries--suggest respond so that the members can give you more focused suggestions.
I am not sure IF Getsie Jesse's suggestion [".....make sure ALL THE EMPLOYEES WORKING CURRENTLY SIGN ON THE LETTER"] is realistic--Worst-case-scenario would be:RISKY. From the management's perspective, this CAN be used as a ruse--that you are trying to form an Employees Union--and you can well imagine the responses/reactions you will invite later. Not that it's wrong, but you also need to be ready for the consequences--ARE YOU?
In addition to Ankita Shah's queries, pl also confirm the Employee strength of the company.
There's one thing that doesn't seem to jell--why did the Company issued circular on Plain paper? Is it that the management is surely aware of the Rules but still went ahead with the Circular & still doesn't want to get caught later IF things go wrong? Food for thought I guess.
Rgds,
TS
From India, Hyderabad
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