Hi there,
My question for you guys is, can night shift (call center) (male) employees be detained from going out of the campus gate for a break? Will there be any policy where campus gates are locked at night and doesn't allow its employees out? I believe if he is absconding from work, we have to answer/face the music. Under what legal scope can the employer act in an enslaving manner? Is there any law to protect employees from such actions?
Thanks,
Bob
From India, Hyderabad
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My question for you guys is, can night shift (call center) (male) employees be detained from going out of the campus gate for a break? Will there be any policy where campus gates are locked at night and doesn't allow its employees out? I believe if he is absconding from work, we have to answer/face the music. Under what legal scope can the employer act in an enslaving manner? Is there any law to protect employees from such actions?
Thanks,
Bob
From India, Hyderabad
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Simply mention in the appointment letter or in a memo that in case an employee goes out of the office campus in the break time the company is not liable in any manner in case of any mishap.
From India, Delhi
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617From India, Delhi
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The campus can be locked for safety reasons. That way, no unwanted person can enter at night and cause a problem. Regardless of what you write in a memo, the company is responsible for any mishap, even if it occurs outside the campus. The police inquiry itself will disrupt the working environment. The disruption caused by any injury to the concerned person is an additional problem.
From a safety standpoint, if the campus gates are locked, the keys must be available in a public place with easy access in case of an emergency (e.g., fire) if people need to leave quickly. This should be taken into consideration.
Incidentally, being allowed to leave the campus during a shift is not enslavement. No one and nothing forces the employee to come to work, and they may decide not to come the next day.
From India, Mumbai
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From a safety standpoint, if the campus gates are locked, the keys must be available in a public place with easy access in case of an emergency (e.g., fire) if people need to leave quickly. This should be taken into consideration.
Incidentally, being allowed to leave the campus during a shift is not enslavement. No one and nothing forces the employee to come to work, and they may decide not to come the next day.
From India, Mumbai
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Dear Mr. Bob,
The input of the knowledgeable member is absolutely correct. You can leave the campus during the night shift unless it is stated in your code of conduct or standing order as gross misconduct. However, my question is: why would anyone need to leave the campus without the consent of the supervisor?
Regards,
Dinesh
From India, Calcutta
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The input of the knowledgeable member is absolutely correct. You can leave the campus during the night shift unless it is stated in your code of conduct or standing order as gross misconduct. However, my question is: why would anyone need to leave the campus without the consent of the supervisor?
Regards,
Dinesh
From India, Calcutta
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Nothing is wrong with locking gates at night; security considerations are a primary concern. The key should be available for exit in case of fire or injury. It is the management's responsibility to ensure the availability of the key. Locking gates in houses does not equate to a jail or denial of freedom. If a worker leaves their work spot without permission, the supervisor can report and take appropriate action. In my opinion, there is no issue with keeping factory gates locked for basic security purposes. The company can likely arrange for some tea or coffee for employees on night shifts.
From India, Pune
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From India, Pune
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Mr. Bob,
Your question is about the locking of the campus gates to detain the employees from absconding, not for security reasons. By doing so, you would be committing a criminal offense by treating your employees as detainees, captives, and prisoners. You can't do that. Locking gates for security reasons can be understood, but not for detaining employees. Locking employees cannot be used as a substitute for effective supervision by management. It's better to make your supervision and disciplinary system effective rather than resorting to locking employees, which is illegal.
Suppose an employee falls ill or a fire breaks out in the office premises, would the employee or his colleagues wait for the permission of sleeping management executives to unlock the gates to take him to the hospital or to get out of the inferno or smoking environment?
Must not resort to such illegal practice of locking employees.
From India, Delhi
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Your question is about the locking of the campus gates to detain the employees from absconding, not for security reasons. By doing so, you would be committing a criminal offense by treating your employees as detainees, captives, and prisoners. You can't do that. Locking gates for security reasons can be understood, but not for detaining employees. Locking employees cannot be used as a substitute for effective supervision by management. It's better to make your supervision and disciplinary system effective rather than resorting to locking employees, which is illegal.
Suppose an employee falls ill or a fire breaks out in the office premises, would the employee or his colleagues wait for the permission of sleeping management executives to unlock the gates to take him to the hospital or to get out of the inferno or smoking environment?
Must not resort to such illegal practice of locking employees.
From India, Delhi
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Greatly appreciate all your responses. Thanks a lot.
My point goes further beyond locking campus gate for security reasons, which is understandable, that the security personnel wouldn't allow the employees to go out to smoke/have snacks, etc., on the instructions of the campus manager "night time... not allowed." So the question is, can the management force its workers to stay within the premises? The concern reached HR like this, saying you can take action if absconding but can't prevent employees from going out, especially with no prior information about such restrictions.
Please comment.
Thanks!!
From India, Hyderabad
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My point goes further beyond locking campus gate for security reasons, which is understandable, that the security personnel wouldn't allow the employees to go out to smoke/have snacks, etc., on the instructions of the campus manager "night time... not allowed." So the question is, can the management force its workers to stay within the premises? The concern reached HR like this, saying you can take action if absconding but can't prevent employees from going out, especially with no prior information about such restrictions.
Please comment.
Thanks!!
From India, Hyderabad
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Dear Bob,
Greatly appreciate all your responses. Thanks a lot.
My point goes further beyond locking campus gate for security reasons, which is understandable. The security personnel wouldn't allow the employees to go out to smoke/have snacks, etc., on the instructions of the campus manager, saying 'night time... not allowed.' So the question is, can the management force its workers to stay within the premises? The concern reached HR in such a way, stating that action can be taken if someone absconds but cannot prevent them from going out, especially with no prior information about such restrictions.
Please comment.
Thanks!!
From India, Delhi
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Greatly appreciate all your responses. Thanks a lot.
My point goes further beyond locking campus gate for security reasons, which is understandable. The security personnel wouldn't allow the employees to go out to smoke/have snacks, etc., on the instructions of the campus manager, saying 'night time... not allowed.' So the question is, can the management force its workers to stay within the premises? The concern reached HR in such a way, stating that action can be taken if someone absconds but cannot prevent them from going out, especially with no prior information about such restrictions.
Please comment.
Thanks!!
From India, Delhi
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I do not know why people don't give full information in the first place instead of making members of the forum run around in circles!
The company is fully within its rights in asking security not to allow anyone out of the premises. That does not make you a slave. You have come to work, not to walk in the garden. The company expects you to put in a full day's (or shift's) work. Allowing the employees to go out for smoke and snacks will result in a massive loss of time and create chaotic work schedules. I am pretty sure that once allowed, people will be taking smoking breaks every hour.
That said, the employees are entitled to breaks once every 5 hours of work. Provision must be made for food/snacks, tea, and coffee at reasonable intervals. You have not stated which state you are in, so you need to read your state shop act for details of the mandatory requirements. However, to the best of my knowledge, all call centers provide a good canteen and coffee/tea machines, so there should be no reason to step out.
From India, Mumbai
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The company is fully within its rights in asking security not to allow anyone out of the premises. That does not make you a slave. You have come to work, not to walk in the garden. The company expects you to put in a full day's (or shift's) work. Allowing the employees to go out for smoke and snacks will result in a massive loss of time and create chaotic work schedules. I am pretty sure that once allowed, people will be taking smoking breaks every hour.
That said, the employees are entitled to breaks once every 5 hours of work. Provision must be made for food/snacks, tea, and coffee at reasonable intervals. You have not stated which state you are in, so you need to read your state shop act for details of the mandatory requirements. However, to the best of my knowledge, all call centers provide a good canteen and coffee/tea machines, so there should be no reason to step out.
From India, Mumbai
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Employees are not animals to be kept inside a compound during working hours. You should have enough break-out space for people. Allow them to mix with each other. As regards smoking, you can dissuade people from smoking through posters. As a responsible employer (if you are!), whether it is day or night shift, provision should be made for snacks, coffee, tea, etc. One cannot function effectively on a hungry stomach. By the way, why do people come to work? To earn their livelihood, eat, and survive... Even machines and equipment require a break. Governments keep making amendments to various acts mainly because of employers who want to run the business with an iron hand. That won't work for long!
Best wishes
From India, Bengaluru
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Best wishes
From India, Bengaluru
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