Tsivasankaran
Consultant
Arunmjadhav
Assistant Manager-hrd
B K BHATIA
Director Of Company
Anitakanwar
Hr Executive
+3 Others

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Respected Seniors,
I am working in an IT company as HR & Admin person and our working hours are 9 hours and also we are working on Saturday's so i wanted to find out whether it is legal or not as according to theoretical knowledge i know only 8 working hours are legal if some one is working for 6 days of a week.
we have half-day's on Saturday but till now we have rarely got the time to enjoy half day.
kindly let me know whether it is legal at the end of company or not.

From India, Chandigarh
Please specify the timings. When you mention hoiurs of work does it include rest hours/intervals? For example,
1. you may work between 9 am and 6 pm with one hour lunch break, That makes it 8 hours of work which is legally correct.even if you work six full days
2. If you are working 9 am to 7 pm with one hour lunch then it makes it 9 hours of work.This is also legally correct if you do not work on Saturdays.
3. And even if you work on Saturdays, and if the timings are between 9 am and 12 noon or 10 am and 1 pm, then also it is legally correct ( Total weekly
hours will be 48)
Please specify your work timings

From India, Chennai
Since you are working with IT company, it may comes under Shop and Establishment Act. I, just, reproduce the "working hours section" in the act for reference. It may be helpful to you.

14. Daily and weekly hours of work in shops and commercial establishment.-

(1) Subject to the [other] provisions of this Act, no employee shall be required or allowed to work in any shop or commercial establishment for more than nine hours in any day and forty-eight hours in any week.

(2) Any employee may be required or allowed to work in a shop or commercial establishment for any period in excess of the limit fixed under sub-section (1), if such period does not exceed [six] hours in any week.

(3) On not more than six days in a year which the [State] Government may fix by rules made in this behalf, for purposes of making of accounts, stock taking settlements or other prescribed occasions, any employee may be required or allowed to work in a shop or commercial establishment in excess of the period fixed under sub-section (1), if such excess period does not exceed twenty-four hours.

From India, Mumbai
Hi Anita,

There are some differences in Shop & establishment acts of states. An IT company does fall under Shop & Establishment act, but in almost all IT companies the situation is same. HR & Admin work for more than the work hours defined in Labor law or Shop & Establishment act.

The Company policies are such that, you cant do anything. But if KRA's are defined for you and you are finishing your daily tasks with in the office timings than you can leave on time. In HR & Admin most of the tasks are not planned & defined and many tasks come or urgent basis which we need to complete.

No company in India follows the rules and laws. Similarly people also don't work for the required time.

If you try to fight wiht the company the can give you some example like this, In You company as you said you work for nine hours including your lunch break for 30 mins, so your work times comes to 8 hours and 30 mins. Now verey one has to go to loo, lets say around 5 mins and 4 times so total times comes to 20 mins. Also we do go out for tea, lets say 10 mins and 2 times in a day, so total tea time comes to 20 mins. so working hours left is 7 hrs & 50 mins. you might be taking personal calls lets say for 5 mins and 2 calls in a day which makes 10 mins of personal call. and also some gossiping, lets say 20 mins in whole day, so now after all this your actual work time is 7 hr & 20 mins. So as the company is paying to you to work for 8 hours where as you are working only for 7 hrs and 20 mins.

From India, Mumbai
Many of our IT companies are subsidiaries of or work for American companies whose native employees donot work for more than 45 hrs a week.But they want indians to work without legal restriction.In this age of economic imperialism we have swallow it.
Varghese Mathew

From India, Thiruvananthapuram
Niraj,
U r correct.
Working hrs. are (8+1)= 9 Hrs (Including 1 Hr. for lunch).
We should not quarrel with the comp.
Depends on work pressure we have to work and we can take "C off" later on by giving prior information to higher level management.
Comp. goals and personal goals are important.
Tks
B.G.K.Murthy.

From India, Hyderabad
Before going to legal or illegal
One should know that the remuneration which employee is getting plays important role in this situation. If you are paid single penny for 9 hours work then that can be said or considered as illegal.
But if you are paid handsome salary like 40,000, 50,000 etc. then I dont think finding out legal illegal in this situation will be justified.
Arun J.

From India, Hyderabad
Most of the IT Companies have well defined working norms, which are in accordance with the Shops & Establishment Act. But employees have well defined tasks too, especially in software companies, which are to be completed in specified time frames (since the customer is paying for the same). Those who are efficient enough, enjoy the privilege of working 5 day a week. Others come voluntarily on Saturdays to complete their left over tasks. Some employees, who have the requisite permission, even work from home to deliver their targets. I have seldom noticed anyone crying. By & large the people enjoy working in an IT company.

Well, those who are too legal minded, and start counting when 48 hours get completed in a week, should search for organizations where 'time accountability' rather than 'task accountability' is a criteria. May be they have to join their friends on the road side (who are in large numbers) & wait for the opportunity, if any.

Please remember that no one has ever died because of extra work, but there are plenty who are unable to live in India since they have no work. Consider your well paid job as a grace of God & stop cribbing. If yet not convinced, the legal options are always open!

From India, Delhi
Arun, Its not salary, its the profile, position which defines the work.

Lets say, a developer, if its defined that the project has to be finished in 6 months and its divided in 3 modules of 2 months each, than its the responsibility of the developer to finish his task within the time. If the developer is not able to complete the first modules in 2 months working 8 hours each day, than he has to sit late or work extra on weekends to complete the module.

Also, if you are the manager than you have to check that he is developing the right product as per the specification. So as manager, if you have 10 team members, you have the responsibility of 10 people and make sure that each one is delivering as required. So, as a manager you need to sit with your team and get the things delivered.

Mr. Varghese, i dont completely agree with you statement "Many of our IT companies are subsidiaries of or work for American companies whose native employees don't work for more than 45 hrs a week.But they want indians to work without legal restriction.In this age of economic imperialism we have swallow it."

I have worked for Many foreign companies, based in US, UK, Italy etc. In US & UK, people are more professional. When they are at work, they do their work with dedication. They complete theirs tasks within time.

Am not saying that we dont do, but many of us are still not that professional. While in office, we take personal call, gossip, and so many other things which is just wastage of time.

Lets say, you are sales person and you need to do sales of around 2 lakhs in 1 month, if you are not achieving your target in that time while working for 8 hours daily and than your manager or company can say you to sit late or do work on weekends to complete the target. than whats wrong in doing that.

From India, Mumbai
I can not say anything about practices. My daughter used to work in an IT Company Work hours are flexible but she used to sit late till 11 pm or so. Initially she was happy but after marriage and after a child it was difficult to cope with pressure. It is the case with many women employees today. They also think that they can earn as long as possible then quit once the family settles down. Some are more ambitious and continue. I know atleast 12 instances in my family itself where they left after a kid Work as long as possible and earn as much as possible. This is what I can say!!
From India, Chennai

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