Can We Aske For Compensation For Waiting Transport >1 Hr - CiteHR
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An employee finished his shift of 12 hrs duty and has been relieve. he has to wait more than 1 hour before a contract van rented by the company came to fetch him. he will travel for more than 01 hour to reach his place. Can the employee claim for overtime for the 1 hour spent on the site waiting for the transport? If he uses his own mean of transport he could have reached his place within thirty minutes.
I am not aware of the local labor law and employment norms mutually agreed and signed by the employee. It is the responsibility of the transportation department to arrange to pick their employees soon after they complete their shift. Usually transportation is provided for a group of employees deployed at specific locations. If the waiting period is more than an hour, employee can claim compensation as he is still at site though his shift is completed. Moreover, transportation time between site and his residence is more than hour.
Go ahead and submit your letter seeking compensation. State total time spent ON SITE i.e REACHED SITE HH:MM and SITE LEFT HH:MM.
With profound regards

Dear Jim
From the post, I understand the case you have narrated is related to establishment in Mauritius.
I donít know whether to provide to & fro transportation is employers' liability as per laws there? OR else the company has any agreement/commitment as part of terms of employment to provide to & fro transportation?
If yes...employer can become liable to pay compensation for One Hour if the delay is not due to reasons beyond your control, If No ..employee cannot demand compensation legally.
Regards
Shailesh Parikh
Vadodar, Gujarat,India
99 98 97 10 65

I am assuming that there's a legitimate agreement in place where the employer provides transport to and from work for its employees.
In this situation, is the 1 hour wait the norm or an exception?
If its the norm, then apart from seeking overtime, there are other issues that need to be addressed immediately as a priority.
If its an exception, then life happens... and things should return to normal soon.
Take care and good luck!

Dear Jim
It is a delicate issue, some times delay will happen, it has to be dealt through Facility Management and to see that it is not repeated. In case of delay from Transport contractor, facility manager should organise alternate vehicle for smooth transition of staff.
An employee cannot demand as his position will be critical. I do not know employee status at Maritius but India, transportation and other facilities are in addition to the pay perks that were agreed upon. Facilities can be withdrawn at any moment, in case if the company is suffering losses or otherwise.
Hence, escale this issue to concerned authority and see that this is not repeated again. A rest room is required to be provided for the staff who work like this (12 hours a day).
With regard to claiming Compensation, purely, it is based on the negotiations that you had with the management at the time of your Joining the firm.
Regards==S Rao

Jim,
There is an additional consideration.
If the company is preventing the employees from getting their own vehicle, then the additional waiting time needs to be compensated. If not, well, the employee can get his own vehicle if he wants to reach early.

Some times, we dont spend all our 8 hours at official work only ..right ? So, as an exception, the employee concerned can simply send out a mail describing the delay in arrival vehicle and the consequent late arrival at home that particular day. If the employee concerned is a woman and if it is late night hours, then it is a matter of safety as well. However, let the employee wait for a response and if nothing happens, just let him / her keep the copy of communication. for future reference. Just in case such delays happen either with the same employee or in other employees cases also, then you have a point. You can take it up with the management, either to warn the agency who is contracted to do the job for deficiency in service or replace the agency for better service to employees. Seeking compensation for one hour etc does not sound meaningful in the long run. Management may turn around and ask the first sentence of my posting here !!!!
Interesting on 2 accounts : 1 ) the normal shift seem to be 12 hours. Is that legal in Mauritius ?

2) similar problem seem to be there in India with the highway toll operators. They do a shift, then a bus comes and takes them home (generally at the nearest city which is 75-100 km away. Obviously not possible for low paid workers to travel by their own vehicle that far every day). The company arranges a bus that will start from the city, get the toll operators and drop them off at various toll booths till the end and then pick up the ones from there who finished duty and start back to the city. A worker may end up with having spent 3 hours a day in travelling.

They do not get paid for that extra waiting hour. They dont dare ask for overtime for that period (these are unskilled positions that can easily be replaced with a more docile person).

I know of this because on one occassion a highway toll officer requested me to drop 2 of his shift guys at satara on my way to kolhapur so that they wont have to wait for the bus. He waived off 2 toll charges for me as compensation for the lift. I spoke to the guys on the way and got this into

As per indian labour law Act-1948 there is no mention about paying any overtime amount for wating the official cab so you cannot claim the same Regards Rishu
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