Svsrana
Hr Head With Pmi
Lovenish Bhagat
Labour Laws Compliances
Rsrikanth
Human Resources
Prasad164
Advocate
Sumosaxena
Hr Professional

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Hi,
I am watching this site since last two months but this is the first time i am putting any message on it. I have a query which i am putting forth and would request expert comments from you guys.
In any organization, attendance capturing is mandatory but in an organization catering to service industry, is it mandatory to capture time-in and time-out of all employees?
Please let me know.
Thanks,
Sumit

From India, New Delhi
Hi Sumit,
Attendance recording is anyway needed. Capturing time-in and time-out is no less important, in the absence of which you cannot decide the working hours and overtime work of an employee which are Statutorily prescribed. How you capture Time-in and time-out depends upon your organizational resources and procedure.
Warm Regards,
RSrikanth


Hi Srikanth,
In my company we do not pay any thing as over time. We capture the in and out time through access card system but :
1. this is not very authentic way of capturing time as some times people enters / exits through the gate while it is open
2. the data captured by access card is not linked to attendance system.
Now my query is whether it is statutorily mandatory to capture in and out time or not?
Thanks,
Smit

From India, New Delhi
Hi sumit
Now, in these days it has become general practice of he companies, to keep the clauses in appointment letter or in employment manual which provides that late coming on three or more occasions will be considered absenteeism for one day.
These clauses are useful for the management to observe the work behavior of the employees and also to determine the quantum of overtime work done by the employees. After all punctuality is key for all success. with specific reference to your question, i would like to add that there is no such laws governing the time in and time out of the employees in the company. it is the company policy/ employment manual/ or standing orders which covers this aspect of employment.
Regards
prasad

From India, Mumbai
Hi Praised,
You are absolutely correct to state that the appointment letters contains a clause for late arrivals and corresponding actions on 2 or 3 such recurrences.
But my query is basically related to statutory point of view. I want to know whether it is mandatory for us to capture out time as well or we can do away with it. Is there any provision where any govt. agency can ask us for any such data OR in case of any legal issue can it be asked by court to provide it the Out-time of employee?
Thanks,
Sumit

From India, New Delhi
Hi Sumit,
Statutes does not have specific provisions on Time-in and time-out. They have provisions on working hours.
Hours of work is statutorily prescribed and may differ from state to state. Hours of work is the time during which the persons employed at the disposal of the employer exclusive of any interval allowed for rest/meals. If you have defined hours of work and dispalyed the same in your office also, that is sufficient.
Now your organization being a service organization is covered by the Shops and establishments Act.
The details showing the working hours for various states as per statutory provisions is attached herewith.
You say that overtime is not paid in your organization. It is not proper to engage any employee beyond working hours and not to pay overtime. Anyway, please go thru' the statutory provisions.
Warm Regards,
RSrikanth
Hyderabad



Attached Files
File Type: doc working_hours_393.doc (84.5 KB, 1215 views)

Srikanth is right.
let me put it another way.
how would you prove that your organsiation doesnt exploit staff by making them work for excessive hours.
you would need a time record and work schedule to which you adhere to.
the max over time hours in a quarter is 50 so think deeply.
surya

From India, Delhi
Dear Friends You make very important data and ecluded for this mail. This is very useful for statutory documentaion work and other skill etc.. Thanks a Lot Lovenish Bhagat
From India, Delhi
Sir,
Can you clarify again while we count the total woring hrs. that the 1/2 an hr. for interval for each completion of work 5 hrs. i.e. is the 1/2 an hrs is excluded or included with total hrs.
Please do clarify me
Thanks & Besrt Regards
A. DASH

From India, Delhi
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