Mahr
Head - Human Resources
Raj Kumar Hansdah
Shrm, Od, Hrd, Pms
Pravinsingh
Animation
+3 Others

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Hello,
My close friend is working at a company in Mumbai which has been running successfully since more than 15 years.Nobody working in that company has ever been given any appointment letter.Ther are more than 15 employees in that company.Nobody gets any leave except on Sundays.Somtimes even on Sundays workers are called to work.Noboby is given any overtime pay.Everyone is made to work from morning 10am to night 11pm or till midnight.Sometimes if the work is not completed a worker is made to work overnight.If anybody objects he is immediately dismissed from the company.How do these companies manage to manipulate the workers in this way?What action can be taken against this company,and how?
Regards
Pravin
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Dear Pravin,
As per the words it clearly states that you are not an employee of that company. In this case you shall give a complaint to the regional labour office in this regards. Again it is so absurd as per your words how company engages the employees. I really wonder how these companies are existing for the past 15 years.
I hold different opinion for this issue, it makes me feel sick about people who only think from one perspective. Why can't we grow and make our horizon vast. I am sure very few people know about this that, India is among the only few countries in the world were starting a business is damn difficult, especially due the damn old shit rules which were made by the British looooooooooong back and we're still not sick following it.

In India the moment a businessmen thinks about starting his business, he starts worrying about the several hundreds laws which will be inflicted upon him. And God only know, what not?

I remember once upon a time, Bombay use to be the city of textile mills, it provided employment to more than 20% of total India's population. But then, a few people started this trade union business and now we see, what is consequence? Unemployment at its peak.

I am not trying to say that this is entirely wrong but rather trying to make a point that, India should make more liberal laws and get rid of old labour laws, etc. The law should give more room to SME's and this should be applicable to large industries only.

Some time back I had an officer visiting my place for Diwali gifts, I gave him the sweets and bid im good bye.. Let on I came to know that this guy was upset because I just gave him sweets, so next time he came along with a few officer and told me about several laws which I wasn't following and I never knew about, then I understood what he wanted? And I settled it down with him over a cuppa coffee.

I understood that the policy that Dhirubhai Ambani is some how practical and needed to be followed now, too...

I remember I made a project on ESIC, when I was in my first year college I got so much appreciation for the same, an article in Time of India, followed by some accolades in my college, etc made me feel very happy, but later I realized that the happiness existed for only a while, it would have been much more better if they would have implemented some of the suggestions I had made, that would have enabled people like me take more interest and work harder for these issues.

Coming to the point-

I just want to say that it is better if they are atleast getting employed somewhere, it is much better than to stay unemployed. If you friend is not happy, tell him to move elsewhere, and not to become whistle blower their as this might cause the company a lot, may result in Shutdown or bribes running in several lakhs.

If whistle blowing fascinates him tell him to join media and carry sting operation instead. Sorry if I am being very rude.
Dear Pravin,
As pointed out by you, as there are no apppointment letters issued how will your friend prove that he is the employee of the company and that he is being treated unfairly to the labour commissioner.
Secondly, it is not possible to run for 15 yrs without managing the officers.
Thirdly, longer your friend stays in such type of organisation, the more difficult it will become to prove to future employer the duration of service in this company as he may not have the supporting documents.
Regards
Rajesh Singh
Dear Ansarisamir
I agree with your statement that it is better to be employed in some way rather than unemployed. But at the cost of your physical and mental health ??? i don think so. even machines need rest. We are human beings after all. If the person wants to move out, how can he gain employment in another place without documents to support his appointment and experience??
Your points are very valid as regards with the bribes that may run to several lakhs and with regard to being employed. but this is definitely not the way the system should be. Is there no way out ????
To add to my previous post, i received a call from a friend of mine who works in a leading private general insurance company. Earlier, the teams used to work with just two sundays off a month. But recently a mail had been received from the HR stating that they would work only 5 days a week with the weekends off.

This was followed only for the first week after the mail had been received. Thereafter, the business teams were compelled to work on saturdays. and now they are forcing the employees to come on sundays as well (like before).

Despite throwing light on the issue to the senior management, there has been no action from their side. My friends who are actually working there are hesitant to complain to the labour office because they feel its of no use due to the 'adjustment' factor that is most likely to take place between the company and the concerned officials. Above all, they mite also lose their jobs due to this.

I do not think that changing jobs is a solution to this. Because once they leave, the replacements would also suffer. this would be a never ending hassle.

Is there anything that i / they can do?
hi
This culture is followed in most of the orgs. I agree to the point that, it is very difficult to run a company and give employment, but at whose cost?
WOrking OT and not getting paid for that, not getting statutory leaves as per law, is not acceptable. Appointment letter issue is some what okay, but still the employee should have any of the proof of employment like work certificate, salary certificate etc.-else this will be like daily wages worker- applicable in constructions
Kindly check whether other statutory obilgations are follwed in the company, like bonus, esi, pf etc , if not then it is serious issue and needed to be sorted out legally
is the issue is only about appoitment letter-then check with the HR their for clarification.
Regards
MK
I partly agree with Mr.Ansari. But there should be some limit for the working hours. Till now i also worked in the same type of organizations. There will be no Sundays and no holidays and they even don't pay the OT also. If the company is running from last 15 years, it shows that how the owner managed the govt officials with bribes and other things.
i think the company may not give them the payslips also, so they are showing more expenses and avoid the taxes. The ultimate gainer is the owner and loosers are the employees and the government.
Dear Pravin

What you have cited is the unpalatable truth of "Liberalization" and how Indian companies are doing well inspite of the worldwide slowdown.

In fact there are many such horrible companies that are flourishing and which will make Marx cry in his grave - sheer exploitation of labour. Now, this trend has seeped into the educated class of employees.

I know of a company where the workers have a 12 hour shift and OT is paid after 12 hours of work.

In another co. the "appointment order" is the mobile SIM card given to employees. If an employees services are to be terminated, he is simply asked to hand over the SIM.

There is rampant exploitation in traditional industries and those located in rural areas and hinterland. The companies enjoy several tax exemption benefits as well as cheap labour.

It is really shocking to find that such medieval practices abound in our country, which is being complimented worldwide for its industrial achievements. The only consolation that one has is, may be things are not as bad as in China. Labour reforms have a long way to go. Let us hope some day, the world focus will be on this; till then the grim picture will continue to haunt us, who bask in the glory of how well we have done during the downturn.

Warm regards.
So what Mr Samir has to say is that exploiting your employees to earn maximum profit is ok and there is nothing wrong in doing so.
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