Dear Seniors.
Please let me know, if company is enforcing to their staff to carry out the works 12 hours in a day or night shift. And also company insisting to their employees in matter of sunday working at least six hours.
And also company is paying salary to their staffs on the every month of 25th.
In that case what our labour laws helps us.
I am waiting for your valuable reply or feedback.
Thanks & Regards.
From India, Mumbai
72Please let me know, if company is enforcing to their staff to carry out the works 12 hours in a day or night shift. And also company insisting to their employees in matter of sunday working at least six hours.
And also company is paying salary to their staffs on the every month of 25th.
In that case what our labour laws helps us.
I am waiting for your valuable reply or feedback.
Thanks & Regards.
From India, Mumbai
Dear Manish
As per law no employee should work for more than 48 hours in a week. I.e., average 8-9 hrs a day. 1/2 hr break for every 5hrs.
In a calender year 12 CL, 12 SL and 15 PL leaves.
In case any employees works over time he should be paid OT which is double the hourly salary. It will be calculated on Basic.
If an employee works on National holidays he should be paid double the days salary and compensatory off in next 3 days.
In case if you have any problem with the company you can approach Deputy Commissioner, Assistant Commissioner or the Commissioner of Labour of your zone.
He will send legal notice to your company and it if your company doesn't respond they will move legally.
The labour department, PF & ESIC bodies all the rights to shut down companies which are not following statutory regulations.
Form a group and then approach the labour department.
Regards
Karthik
From India, Vijayawada
As per law no employee should work for more than 48 hours in a week. I.e., average 8-9 hrs a day. 1/2 hr break for every 5hrs.
In a calender year 12 CL, 12 SL and 15 PL leaves.
In case any employees works over time he should be paid OT which is double the hourly salary. It will be calculated on Basic.
If an employee works on National holidays he should be paid double the days salary and compensatory off in next 3 days.
In case if you have any problem with the company you can approach Deputy Commissioner, Assistant Commissioner or the Commissioner of Labour of your zone.
He will send legal notice to your company and it if your company doesn't respond they will move legally.
The labour department, PF & ESIC bodies all the rights to shut down companies which are not following statutory regulations.
Form a group and then approach the labour department.
Regards
Karthik
From India, Vijayawada
Nothing wrong in paying salary on 25th. Regarding your other points, pl mention whether yours is a factory or not?
From India, Thiruvananthapuram
From India, Thiruvananthapuram
Last Month salary should be paid on or before 7th of the current month. The regulations are almost same either it may Shops & Establishments, Contract labour or factory.
From India, Vijayawada
From India, Vijayawada
According to the Factories Act, the provision is laid down under the section 51, 54, 55, & 56.
Although the maximum working hours is 9 hours, but it can be spread over to 12 hours per day.
12 hours is for people who said to be working under the "Compressed Shift". Shift rotation that is managed accordingly scheduling the no. of working days and allowing the employees corresponding to take offs is called compressed shift.
Under the provision of Factories Act, you can refer the following:
Section 51. WEEKLY HOURS. - No adult workers shall be required or allowed to work in a factory for more than forty-eight hours in any week.
Section 54. DAILY HOURS. - Subject to the provisions of section 51, no adult worker shall be required or allowed to work in a factory for more than nine hours in any day: Provided that, subject to the previous approval of the Chief inspector, the daily maximum hours specified in this section may be exceeded in order to facilitate the change of shifts. [B
Section 55. INTERVALS FOR REST. - (1) The periods of work of adult workers in a factory each day shall be so fixed that no period shall exceed five hours and that no worker shall work for more than five hours before he has had an interval for rest of at least half an hour.
(2) The State Government or, subject to the control of the State Government, the Chief Inspector, may, by written order and for the reasons specified therein, exempt any factory from the provisions of sub-section (1) so however that the total number of hours worked by a worker without an interval does not exceed six.
Section 56. SPREADOVER. - The periods of work of an adult worker in a factory shall be so arranged that inclusive of his intervals for rest under section 55, they shall not spread over more than ten and a half hours in any day. Provided that the Chief Inspector may, for reasons to be specified in writing, increase the spread over up to twelve hours.
From India, Visakhapatnam
Although the maximum working hours is 9 hours, but it can be spread over to 12 hours per day.
12 hours is for people who said to be working under the "Compressed Shift". Shift rotation that is managed accordingly scheduling the no. of working days and allowing the employees corresponding to take offs is called compressed shift.
Under the provision of Factories Act, you can refer the following:
Section 51. WEEKLY HOURS. - No adult workers shall be required or allowed to work in a factory for more than forty-eight hours in any week.
Section 54. DAILY HOURS. - Subject to the provisions of section 51, no adult worker shall be required or allowed to work in a factory for more than nine hours in any day: Provided that, subject to the previous approval of the Chief inspector, the daily maximum hours specified in this section may be exceeded in order to facilitate the change of shifts. [B
Section 55. INTERVALS FOR REST. - (1) The periods of work of adult workers in a factory each day shall be so fixed that no period shall exceed five hours and that no worker shall work for more than five hours before he has had an interval for rest of at least half an hour.
(2) The State Government or, subject to the control of the State Government, the Chief Inspector, may, by written order and for the reasons specified therein, exempt any factory from the provisions of sub-section (1) so however that the total number of hours worked by a worker without an interval does not exceed six.
Section 56. SPREADOVER. - The periods of work of an adult worker in a factory shall be so arranged that inclusive of his intervals for rest under section 55, they shall not spread over more than ten and a half hours in any day. Provided that the Chief Inspector may, for reasons to be specified in writing, increase the spread over up to twelve hours.
From India, Visakhapatnam
Dear All,
Thanks for your valuable feedback to you, I am working in one reputed construction company and the company had not paid the payment of August 2012 till date.
Is this right way.??
Please reply.
Thanks & Regards.
From India, Mumbai
Thanks for your valuable feedback to you, I am working in one reputed construction company and the company had not paid the payment of August 2012 till date.
Is this right way.??
Please reply.
Thanks & Regards.
From India, Mumbai
Hi,
I am working in a Real Estate company, I am in the post of Asst HR Manager but the funny thing I am having the same problem but being in Managerial post I have to keep my mouth shut in the office. My working hour is from 9:45 am to 6:30 pm but it daily schedule that he leave us on 7 or 7:30 pm without any reason. And we have no perfect leave or holidays as he never give us the holidays leave. Pls help us.
Thanx
Neha Jaiswal
From India, Bhubaneswar
I am working in a Real Estate company, I am in the post of Asst HR Manager but the funny thing I am having the same problem but being in Managerial post I have to keep my mouth shut in the office. My working hour is from 9:45 am to 6:30 pm but it daily schedule that he leave us on 7 or 7:30 pm without any reason. And we have no perfect leave or holidays as he never give us the holidays leave. Pls help us.
Thanx
Neha Jaiswal
From India, Bhubaneswar
Dear Manish
You have selected the wrong industry. In Construction everywhere the timing is about 12 hours and it may extended further also. It is not the IT industry that you can sit in AC Room and simply do programming job hours together or it is not factory floor where you will be replaced by next shift person on completion of 8 hours shift. Once the concrete pouring is on you cannot left the site until unless the concrete is completed and even you cannot just leave the concrete that balance concrete can be poured on next day.
That's the reason in hours of work column in your offer of employment it is mentioned that "you will follow the workings hours as per your site timings" and they will not give the clear timings from ____ hours to ____ hours. To compensate that you will be given with some Site Based Allowance.
If you feel you are being exploited, you have to switch over to some other industry.
Wish you all the best dear.
From India, Kumbakonam
You have selected the wrong industry. In Construction everywhere the timing is about 12 hours and it may extended further also. It is not the IT industry that you can sit in AC Room and simply do programming job hours together or it is not factory floor where you will be replaced by next shift person on completion of 8 hours shift. Once the concrete pouring is on you cannot left the site until unless the concrete is completed and even you cannot just leave the concrete that balance concrete can be poured on next day.
That's the reason in hours of work column in your offer of employment it is mentioned that "you will follow the workings hours as per your site timings" and they will not give the clear timings from ____ hours to ____ hours. To compensate that you will be given with some Site Based Allowance.
If you feel you are being exploited, you have to switch over to some other industry.
Wish you all the best dear.
From India, Kumbakonam
Dear Kartik, Can you tell me, in which act clause made for interest ? How much interest applicable for delay salary ?
From India, Ahmadabad
From India, Ahmadabad
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