Hi,
I am a Employee in a well known Clinical Establishment Company in Mumbai (Maharashtra).
I am having a query regarding, can a employer force his employees to daily stay (Mostly for more than 12-14 hrs) at the job even after completing his duty hours i.e. 9 hrs, without being paid over time?
If he can do this please suggest me under which law or rules?
I also wish to ask for how much max. time an employee is required to work in a company?
What action can be taken against such employer and what will be procedure?
My company also haven't framed their Standing Orders applicable as per the Industrial Standing Orders Act, 1946.
Is the company liable for this Non-compliance?
Please suggest me with proper answers of the above questions because the company is not following many of the government guidelines and rules/acts. The company is since its incorporation has been breaking many of the guidelines, rules, acts, etc. applied by Indian and Maharashtra State Government and all of its employees are suffering due to all this non-compliance.
From India, Mumbai
1I am a Employee in a well known Clinical Establishment Company in Mumbai (Maharashtra).
I am having a query regarding, can a employer force his employees to daily stay (Mostly for more than 12-14 hrs) at the job even after completing his duty hours i.e. 9 hrs, without being paid over time?
If he can do this please suggest me under which law or rules?
I also wish to ask for how much max. time an employee is required to work in a company?
What action can be taken against such employer and what will be procedure?
My company also haven't framed their Standing Orders applicable as per the Industrial Standing Orders Act, 1946.
Is the company liable for this Non-compliance?
Please suggest me with proper answers of the above questions because the company is not following many of the government guidelines and rules/acts. The company is since its incorporation has been breaking many of the guidelines, rules, acts, etc. applied by Indian and Maharashtra State Government and all of its employees are suffering due to all this non-compliance.
From India, Mumbai
Hi Buddy,
No, Employer cannot force employee to work after the stipulated working hours on daily basis unless such is needed and if employee work more than his/her stipulated time than employer has to over time wages (double the wages).
According to factories act-1948, Working hours for adult workers is 9 hours a day and including lunch brakes & rest interval it can extend upto 10 1/2 Hours a day.
You can present your grievances to Additional labour commissioner/ Inspector under whose jurisdiction your establishment falls.
According to Industrial Employment Standing Order Act-1946, Every Industrial Employment employing 100 or more workers has to have their own standing order but state like Maharashtra this act is made applicable if the number of employees is 50 or more. Hence if your employer do not have their certified standing order means than it is clearly a non-compliance however if organization do not frame their own standing order than draft standing order in the act applies to the organization.
So as i said give your grievance regarding non-compliance of your organization to the inspector of factories but i would suggest you along with others can raise this issue as collective dispute.
With Regards
Mr.Thumbs Up
From India, Chennai
No, Employer cannot force employee to work after the stipulated working hours on daily basis unless such is needed and if employee work more than his/her stipulated time than employer has to over time wages (double the wages).
According to factories act-1948, Working hours for adult workers is 9 hours a day and including lunch brakes & rest interval it can extend upto 10 1/2 Hours a day.
You can present your grievances to Additional labour commissioner/ Inspector under whose jurisdiction your establishment falls.
According to Industrial Employment Standing Order Act-1946, Every Industrial Employment employing 100 or more workers has to have their own standing order but state like Maharashtra this act is made applicable if the number of employees is 50 or more. Hence if your employer do not have their certified standing order means than it is clearly a non-compliance however if organization do not frame their own standing order than draft standing order in the act applies to the organization.
So as i said give your grievance regarding non-compliance of your organization to the inspector of factories but i would suggest you along with others can raise this issue as collective dispute.
With Regards
Mr.Thumbs Up
From India, Chennai
As per law, you can not be forced to work beyond your shift time.
However, it depends on your industry and your growth path. Those willing to out long hours get paid more.
If you are not a manager, then you are entitled by law for overtime.
Again, if you complain, you are likely to,lose your job. So think carefully. A more logical option is to change to another company that has better work patterns.
In Maharashtra, it is not compulsory to get certified standing orders. The model standing orders apply to all companies who do not have their own stands orders. So no action can be taken for that.
From India, Mumbai
However, it depends on your industry and your growth path. Those willing to out long hours get paid more.
If you are not a manager, then you are entitled by law for overtime.
Again, if you complain, you are likely to,lose your job. So think carefully. A more logical option is to change to another company that has better work patterns.
In Maharashtra, it is not compulsory to get certified standing orders. The model standing orders apply to all companies who do not have their own stands orders. So no action can be taken for that.
From India, Mumbai
Thank you very much for your valuable answers to my queries.
I would definitely follow your suggestions of changing the job as this job is very hectic for me.
But i am worried about my colleagues who don't have any other option rather than to struggle working here in this atmosphere.
I want to help them but i don't want them to loose the job because of me and rather i don't wish to be the reason of spoiling their career.
I wish if there could be some way out by which i could help everyone and neither anyone of them become a part of its consequences of the actions taken against the organisation.
Please tell me,
Can i file a RTI in the Labour Ministry asking about the compliance / laws followed by this organisation?
Is it possible to ask through an RTI details of the company following rules and regulations?
If it is possible on the basis of RTI report can i file a case with the labour commissioner?
From India, Mumbai
I would definitely follow your suggestions of changing the job as this job is very hectic for me.
But i am worried about my colleagues who don't have any other option rather than to struggle working here in this atmosphere.
I want to help them but i don't want them to loose the job because of me and rather i don't wish to be the reason of spoiling their career.
I wish if there could be some way out by which i could help everyone and neither anyone of them become a part of its consequences of the actions taken against the organisation.
Please tell me,
Can i file a RTI in the Labour Ministry asking about the compliance / laws followed by this organisation?
Is it possible to ask through an RTI details of the company following rules and regulations?
If it is possible on the basis of RTI report can i file a case with the labour commissioner?
From India, Mumbai
Dear Colleagues ,
Firstly Clinical Organisation falls under Factories Act ? If Yes under what terminology of Acy,If no than Under Shop & Est Act.
Secondly Model Standing Orders Have to displyed and info all concerned for binding.
Thirdly Certified Standing Orders have to be certified by Management ,Union ,bargainable category ,than appropriate Govt . Authprity .
Fourthly all Health care & Clinics follow same working hours .
Regards ,
Y.R.Shirke
From India, Mumbai
Firstly Clinical Organisation falls under Factories Act ? If Yes under what terminology of Acy,If no than Under Shop & Est Act.
Secondly Model Standing Orders Have to displyed and info all concerned for binding.
Thirdly Certified Standing Orders have to be certified by Management ,Union ,bargainable category ,than appropriate Govt . Authprity .
Fourthly all Health care & Clinics follow same working hours .
Regards ,
Y.R.Shirke
From India, Mumbai
Clinical Establishment does not fall under factories act as there is nothing done like production or manufacturing in this clinical establishment. They only provide for services related to the health care diagnostic.
So they fall under the Shop and Establishment Act.
And how can be a clinical establishment and the clinics time be considered to be the same.
In my establishment all the clinical tests are done in between Evening 8 to Morning 8.
The documentary work, the customers support and the payment related work is done in day shift but it does not have a specific time scheduled for the work. Some peoples here are working for 12-14 hrs and some are working for 14-16 hrs on daily basis even without a break except one weekly off and they are not even paid the over time of a single day by the organisation.
The organisation is completely exploiting the employee for a minimal salary.
From India, Mumbai
So they fall under the Shop and Establishment Act.
And how can be a clinical establishment and the clinics time be considered to be the same.
In my establishment all the clinical tests are done in between Evening 8 to Morning 8.
The documentary work, the customers support and the payment related work is done in day shift but it does not have a specific time scheduled for the work. Some peoples here are working for 12-14 hrs and some are working for 14-16 hrs on daily basis even without a break except one weekly off and they are not even paid the over time of a single day by the organisation.
The organisation is completely exploiting the employee for a minimal salary.
From India, Mumbai
In the state of Maharashtra, it is not compulsory for any company to get certified standing orders. It is optional. The post already clarifies that they do not have standing orders. But that is not a non-complaince. The model standing orders apply. The part about requiring display is correct but rarely enforced by the authorities as everyone knows it's just a waste of space.
From India, Mumbai
From India, Mumbai
You should know what RTI is instead of being taken in by buzz words.
RTI is meant to get copies of information that is already existing with any government authority. So if they have already investigated a company, you can ask for details. You can not ask them under RTI to give information that is not available.
If you want to file a case with labour court, you do not need RTI. You can do it based on I formation you have directly, which is details of actual hours worked. I hope you are from a Rich family since you wish to spend your own money and time on a court case to help other "helpless colleagues". And I hope you realise that
a. Your new employer will not be happy that you need leave from time to time to attend the court hearing
b. The fact that you are in a court case means your chance of getting a decent job is much lower (irrespective of whether it is justified)
As for your colleagues, everyone is free to change jobs and get a better one. A simple search on the mobile gives list of available jobs. What stops them from getting one ? If the work environment is so bad, and they have talent, what has stopped them from being exploited ?
From India, Mumbai
RTI is meant to get copies of information that is already existing with any government authority. So if they have already investigated a company, you can ask for details. You can not ask them under RTI to give information that is not available.
If you want to file a case with labour court, you do not need RTI. You can do it based on I formation you have directly, which is details of actual hours worked. I hope you are from a Rich family since you wish to spend your own money and time on a court case to help other "helpless colleagues". And I hope you realise that
a. Your new employer will not be happy that you need leave from time to time to attend the court hearing
b. The fact that you are in a court case means your chance of getting a decent job is much lower (irrespective of whether it is justified)
As for your colleagues, everyone is free to change jobs and get a better one. A simple search on the mobile gives list of available jobs. What stops them from getting one ? If the work environment is so bad, and they have talent, what has stopped them from being exploited ?
From India, Mumbai
Thank you for your reply.
I wish to inform you that i am not from a rich family, if i was ( i would never do this job,rather i would have been enjoying my life).
Coming to the point of "helping my colleagues", it was a feeling of kindness towards them. But now, as per your thinking and the practical approach you have suggested, i am agreed to it and so, I am giving my resignation to the present company and searching for other jobs.
Thank you again for helping me. I am now clear with all my queries.
It was nice talking with you.
From India, Mumbai
I wish to inform you that i am not from a rich family, if i was ( i would never do this job,rather i would have been enjoying my life).
Coming to the point of "helping my colleagues", it was a feeling of kindness towards them. But now, as per your thinking and the practical approach you have suggested, i am agreed to it and so, I am giving my resignation to the present company and searching for other jobs.
Thank you again for helping me. I am now clear with all my queries.
It was nice talking with you.
From India, Mumbai
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