In my company, which is a private limited company, the employer is enforcing a code that requires us to work 200 hours per month. This new policy effectively eliminates the concept of leave, whether paid or unpaid, sick leave, and all assessments are based on the working time we have logged using monitoring software named Hubstaff. Hubstaff monitors keyboard and mouse activity and takes 3 screenshots every 10 minutes. All our clients are happy with this new policy. However, it was implemented suddenly, and we, the employees, were already unhappy about the installation of CCTV in our workspace and constant monitoring. If anyone left their chair for any reason, they were questioned. I would like to know if this requirement of 200 working hours minimum per month is a legal demand. The employer is insisting on 25x8, meaning not just 8 hours spent in the office, but 8 working hours logged in the employee monitoring software with only work-related screenshots. We are in a difficult situation and seek clarification. Thank you.
From India, Trivandrum
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From India, Trivandrum
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Dear Anon,
I would suggest you refer to the chapter on Working Hours of Adults under the Shops and Establishment Act, which is applicable to the whole of India. If you search on Cite-hr for the above act, you will find loads of information.
Regards,
Ashishkumar Joshi
From India, Mumbai
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10I would suggest you refer to the chapter on Working Hours of Adults under the Shops and Establishment Act, which is applicable to the whole of India. If you search on Cite-hr for the above act, you will find loads of information.
Regards,
Ashishkumar Joshi
From India, Mumbai
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I would like to know more about leave details as I'm more concerned about it. Eight hours of working per day is not a problem as of now, but the thing that worries me the most is the lack of any form of leave since we are forced to work 200 hours per month regardless of leaves taken. The act you mentioned deals with working hours and not anything about leave. Could you please clarify on that front? I appreciate your reply.
Thank you.
From India, Trivandrum
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Thank you.
From India, Trivandrum
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Which type of industry are you working for: Is it covered in the Factories Act or the Shop and Establishments Act? Below is the information from two acts; consider whichever is applicable to your industry:
As per Factories Act CHAPTER VIII-
Section 79-Annual leave with wages.
(1) Every worker who has worked for a period of 240 days or more in a factory during a calendar year shall be allowed, during the subsequent calendar year, leave with wages for a number of days calculated at the rate of:
(i) if an adult, one day for every twenty days of work performed by him during the previous calendar year.
As per Bombay Shops and Establishments Act, 1948 Section 35,
Chapter:
Leave with Pay and Payment of Wages
Section 35: Leave
(1) (a) Subject to the provisions of clause (b), every employee who has been employed for not less than three months in any year shall, for every 60 days on which he has worked during the year, be allowed leave, consecutive or otherwise, for a period of not more than five days.
(b) Every employee who has worked for not less than two hundred and forty days during a year [irrespective of the date of commencement of his service] shall be allowed leave, consecutive or otherwise, for a period of not less than twenty-one days. Provided that such leave may be accumulated up to a maximum period of forty-two days.
Explanation: The leave allowed to an employee under clauses (a) and (b) shall be inclusive of the day or days during the period of such leave, on which a shop or commercial establishment remains closed under subsection (1) of section 18, or on which he is entitled to a holiday under subsection (1) of section 24 or section 31.
(2) If an employee entitled to leave under subsection (1) [or (1-A)] is discharged by his employer before he has been allowed the leave, or if, having applied for and having been refused the leave, he quits his employment before he has been allowed the leave, the employer shall pay him the amount payable under section 36 in respect of the leave.
(3) If an employee entitled to leave under subsection (1) [or (1-A)] is refused the leave, he may give intimation to the Inspector or any other officer authorized in this behalf by the [State] Government regarding such refusal. The Inspector shall enter such intimation in a register kept in such form as may be prescribed. The employee shall also send a copy of such intimation to his employer and, thereupon, the employee shall be entitled to carry forward the unavailed leave without any limit.
(4) Notwithstanding anything contained in this section, every employee, irrespective of his period of employment, shall be entitled to an additional holiday on the 26th January, 1st May, 15th August, and 2nd October every year. For a holiday on these days, he shall be paid wages at a rate equivalent to the daily average of his wages (excluding overtime) which he earns during the month in which such compulsory holiday falls. Provided that the employer may require any employee to work in the establishment on all or any of these days, subject to the conditions that for such work, the employee shall be paid double the amount of the daily average wages and also leave on any other day in lieu of the compulsory holiday.
From India, Mumbai
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As per Factories Act CHAPTER VIII-
Section 79-Annual leave with wages.
(1) Every worker who has worked for a period of 240 days or more in a factory during a calendar year shall be allowed, during the subsequent calendar year, leave with wages for a number of days calculated at the rate of:
(i) if an adult, one day for every twenty days of work performed by him during the previous calendar year.
As per Bombay Shops and Establishments Act, 1948 Section 35,
Chapter:
Leave with Pay and Payment of Wages
Section 35: Leave
(1) (a) Subject to the provisions of clause (b), every employee who has been employed for not less than three months in any year shall, for every 60 days on which he has worked during the year, be allowed leave, consecutive or otherwise, for a period of not more than five days.
(b) Every employee who has worked for not less than two hundred and forty days during a year [irrespective of the date of commencement of his service] shall be allowed leave, consecutive or otherwise, for a period of not less than twenty-one days. Provided that such leave may be accumulated up to a maximum period of forty-two days.
Explanation: The leave allowed to an employee under clauses (a) and (b) shall be inclusive of the day or days during the period of such leave, on which a shop or commercial establishment remains closed under subsection (1) of section 18, or on which he is entitled to a holiday under subsection (1) of section 24 or section 31.
(2) If an employee entitled to leave under subsection (1) [or (1-A)] is discharged by his employer before he has been allowed the leave, or if, having applied for and having been refused the leave, he quits his employment before he has been allowed the leave, the employer shall pay him the amount payable under section 36 in respect of the leave.
(3) If an employee entitled to leave under subsection (1) [or (1-A)] is refused the leave, he may give intimation to the Inspector or any other officer authorized in this behalf by the [State] Government regarding such refusal. The Inspector shall enter such intimation in a register kept in such form as may be prescribed. The employee shall also send a copy of such intimation to his employer and, thereupon, the employee shall be entitled to carry forward the unavailed leave without any limit.
(4) Notwithstanding anything contained in this section, every employee, irrespective of his period of employment, shall be entitled to an additional holiday on the 26th January, 1st May, 15th August, and 2nd October every year. For a holiday on these days, he shall be paid wages at a rate equivalent to the daily average of his wages (excluding overtime) which he earns during the month in which such compulsory holiday falls. Provided that the employer may require any employee to work in the establishment on all or any of these days, subject to the conditions that for such work, the employee shall be paid double the amount of the daily average wages and also leave on any other day in lieu of the compulsory holiday.
From India, Mumbai
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Hi,
Working 8 hours and 200 hours or 208 hours in a month will have no connection with the leave account. The leave account is dealt with separately. Your 8 hours of working per day will count as one working day. The eligibility of leave is already specified by Mr. Suhas Kambe. You can follow the same for leave eligibility. In addition to this, the employer has the right to allow you other leave such as CL and SL, other than those statutory leaves. However, reducing 8 hours in a day or per shift is out of the question. You know the great difficulty our Union leaders have faced in framing and implementing the working hour limitations which will apply to all. That's why the 1st of May every year is celebrated to mark as WORKERS DAY.
Adoni Suguresh Sr. Executive (Pers, Admin & Ind. Rels) Labour Laws Consultant
From India, Bidar
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Working 8 hours and 200 hours or 208 hours in a month will have no connection with the leave account. The leave account is dealt with separately. Your 8 hours of working per day will count as one working day. The eligibility of leave is already specified by Mr. Suhas Kambe. You can follow the same for leave eligibility. In addition to this, the employer has the right to allow you other leave such as CL and SL, other than those statutory leaves. However, reducing 8 hours in a day or per shift is out of the question. You know the great difficulty our Union leaders have faced in framing and implementing the working hour limitations which will apply to all. That's why the 1st of May every year is celebrated to mark as WORKERS DAY.
Adoni Suguresh Sr. Executive (Pers, Admin & Ind. Rels) Labour Laws Consultant
From India, Bidar
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Company Letter for Completion 01 Month Notice.docx