Factories Act applies to manufacturing units. So if your MNC is a manufacturing unit, Factories act will apply. For everything else it would be Shops and Establishments Act.
The company's overtime policy would be outlined in the Standing Orders of the company. As per Indian laws, you are only required to work 48 hours a week, or maximum of 60 hours with breaks. If you are working more than that, you are definitely entitled to overtime.
Check what your appointment letter states in terms of working hours and payment for overtime. If there is no clause for overtime and no compulsion to work extra, you can refuse to put in the extra hours.
But then again, this is as per company policy and no labour officer ever checks whether MNC companies are following the laws or not. So chances are, you will not be getting your overtime.
What is a labour officer? Do they have each one for state. Does this mean, our team membres can get overtime?
Can a Indian company ask its employees not to make plans on weekends/holidays so that employees can go to office and work(without pay)?
Can you please inform me what Govt organisation looks into this?
Extra pay or no extra pay, it has become very hard as late working hours are affecting my health. I do understand that 3-4 hours in a day could be required sometimes in a month but every day it can take a toll not only with health but also other activities such as going to bank for house loan as even weekends they have asked me to work.
Some freinds tell me that most white collar industrys in India have the same problem.
Your help would be really apprectiated.
I am glad that you started this topic, but unsure whether you would be able to do anything about it.
Working overtime has become a perennial problem in all private companies today. But really it is not the companies fault rather the culture that we have ourselves to blame for. For eg. in my office all my collegues will waste their whole day but start working after 3 or 4 pm since they need to show the management the workload they have or the hardwork they are putting in, any one leaving early on a daily basis is highlighted through office gossip. The one's who leave early are usually called by their bosses and spoken to.
By mentioning this i am not saying that everybody is working late for the wrong reasons, there are genuine reasons as well. But late sittings have become a norm in our culture. With shortage of jobs, availability of manpower no one wants to question anybody.
And by the way most of the companies do not give overtime, since you are working late on your own.
But I also know that there are laws to protect employees from exploitation.
Who should I approach? I do not want to take the legal route per se. Who can a white collar employee report to in India?
is the company law board or are there labour officers? Can I send them an email?
Thanks any help would be really appriceated.
Over time wages applicable to persons which attracts workmen defination as defined in Factories Act & Rules if it a manufacturing unit, i'm not clear what actually your organisation is. wn checking with minimum wages act, their it states double the payment of wages for overtime which extends normal working hours (8 Hours in a day exclusive of intervals for Lunch & tea breaks) hope your organisation works on only general shifts (10 am to 6pm), if it works only on general shift kindly have schedule timings in such a way tht it should maximum 10 hrs (2 hrs for lunch tea coffee etc break & eight hours work) and display the same in the premises of our establishment so that your problem will get resolved.
If your working on shift basis please do call me to provide detailed info.
I would now like to know if I can complain somewhere? What labour officer to complain to? Any other labour organisation that I can report my company and the industry as a whole? I feels that I am explioted.
As you said your Company is AMC and not in manufacturing industry hence you have to follow shops and establishment rules. Even you are working 5 days in a week with 10 am to 6 pm office timing means your total working hours is less than 48 hrs, hence you are following the rules of office hrs. Overtime rules are depends on Company to Company basis if your policy says no overtime for any particular grade you have to follow the Company Policy accordingly.
Please be guided that working hours, as given in above replies, are enforceable by Labour Authorities only if you fall in the workman category.
The definition of workman is very vast. Supreme Court , in one of its Judgements, has ruled Airline Pilots to be workman - notwithstanding that they are drawing huge salaries !!
While deciding if an employee is a workman or not, the decisive factor is the nature of duties irrespective of managerial designation or handsome salary.
An employee having designation of District Manager, discharging functions of sales promotion, having authority only to recommend the leave application of other employees, not having authority to sanction the leaves, to appoint, promote or taking disciplinary action or exercising an independent decision making power, has been held to be a workman.
So, if are seriously looking at complaining to Labour Authorities, you have to be sure that you fall in the workman category.
If you are a managerial category, the only other legal recourse you have to file a civil suit for exploitation by your employer. The other option is to resign & work for a more professional company who care about work life balance of their employees.