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Dear Senior
The organization I work for, the owner doesnt give any leave on any of the national holidays. Also we get only 2 sundays off in a month. The first and last sundays we are working. If there are 5 sundays in a month then we work last 2 and the 1st sunday on nxt month continuously.
Working for a pvt ltd co which is into collections
What can be done? Pls help
4th September 2013 From India, Mumbai
Dear Sapan,
What type of organization you are working in?
Secondly according to factories act and Bombay shops and establishment act, a employer has to give compulsory weekly off, but he cannot ask to work at stretch more than 10 days in case weekly off is not given, he has to give comp off.
Also in probation period upto 3 months leaves are not given, you have take only national holidays, you can put application to hr for restructuring leave policy.
4th September 2013 From India, Pune
dear information seeker,
as i know there are many organisation in india who are using this kind of policy and even the labour officers also helps thenm.
i think you should try to another best work place.
5th September 2013 From India, Delhi
Dear Sapan, The Factories Act, 1948 says that a person who work for 8 hours a day must be given his weekly off on the 7th day. The weekly off if denied, the employer can be taken to court. Most employees don't do this as this will endanger their work and wages. The employee is generally at the mercy of the employee. Many "good" organizations also abet the "crime"
5th September 2013 From India, Chennai
Dear Sapan,
Your company is working on Illegal path. It is against Factories Act 1948.
Company must have to give one weekly off in a week. and total working hour should not exceed 48 hour in a week.
Approach to your company management. Show some legal terms infront of your management team.
Is your company paying OVERTIME to all?
What is working time in your appointment letter?
How many working days in a week/month as per appointment letter?
6th September 2013 From India, Surat
Dear Sapan,
You know well what your company is doing is illegal. You need to talk to the senior management on behalf of all employees. If they agree then implement new policy in place duly signed, if not then don't be a part of dirty and illegal practice of the company, better search new option.
Chill HR
6th September 2013 From India, Gurgaon
Dear Sapan,
it is clear that Company must have to give one weekly off in a week in national holidays... if an employee is working in national holidays.. the employer had to pay the salary 3 times.
for exp:- A per day wage 300/- he is worked at national holiday (i.e 15th aug) then the employer have to pay 900/- to that particular employee.
6th September 2013 From India, Hyderabad
This is the ground reality in India. It is against the prevailing and applicable laws but is common in small organisations. Going in for legal process for relief is not advisable since it will time consuming and not worth the effort. In case you enjoy the job except for the weekly off and holidays issue then speak to the management who may pay you more salary to compensate for the additional work. My advice would be to change to a better job.
7th September 2013 From India, Mumbai
Dear Mr. Mundra,
As most of the contributors have already given you info about the factories act which provides for weekly off, I suggest you to write to the HR seeking weekly off and off on national holiday and payment of enhanced wages for working on weekly offs and national holidays for the works done earlier along with compensation. Wait for fifteen days or so. Probably by this time your HR should have addressed the issue, if not, then send a detailed complaint to the Labour commissioner of your jurisdiction. And if the problem still exists then prefer to file a court case seeking enhanced compensation for the periods worked and enforcement of weekly and national offs.
It is preferred you take more of you fellow employees on board the issue to support your claims.
9th September 2013 From India, Hyderabad
Hi Sapan ,
Seniors have already covered all basic and facts of this issue , one thing is that no employer can force you to work for more than 50 hours weekly.
and as we cannot exceed 8 hours of work daily excluding your break hours . this is illegal practice and can be dragged to court. your overtime cannot exceed more than 200 hours yearly
Standard work day 8 hours
Minimum rest while at work 30 minutes per 5 hour
Maximum overtime limit 200 hours per year
so this is not ethical and is duly illegal .
9th September 2013 From Netherlands, Group
Hi Sapan,
In above many are told that about Acts and rules, i want to tell you that if your company comes under shop and commercial establishment act then you can write a complaint to Labour Inspector and Labour Officer.
If your company comes under factories Act then you can write a complaint letter to Inspector of factories also take all the employees signature.
My suggestion is please do not leave the company untill they will provided with basic welfare measure to employees, if you leave the company other you will get raid of the problem but other employees who will work there only will face the same problem so request you to use this forum and get some welfare measure to your company.......if any further more details required please feel to revert back to us.........
10th September 2013 From India, Bangalore
Dear Sapan,
I have gone through the whole post carefully. As you told in your post that you are working for a pvt ltd co which is into collections. It is covered under shops and establishment in such case. You have to take the bold decision of raising the voice against the Management. It is not only illegal but inhumane to take work from employees for 15 - 20 days at a stretch. Employees also have families they have right to spend time with their families.
Just for the sake of others you should file a complaint before the Local Labour Commissioner. This is your basic right and there is nothing wrong in enforcing it. I do not agree with the members who say that nothing happens. I say that everything happens but only thing required is the firm determination for enforcing your right. Do not get discouraged by little failures and go on.
12th September 2013 From India, New Delhi
Your statement is showing that, the Management of that Organization is very unprofessional and has not ethical sense.
It is clearing stating that, the Organization is exploiting Employees as well as cheating the Govt too.
I am not saying that, you can not take action but it is always batter to kick that type of Organization. Think about your future and professional expo users. You can never gain a good experience in this type of chief work environment.
Start, searching another. If you continue in that Organization in spite of all the above suggestion, means you are not capable to get another.
Just leave it....
12th September 2013 From India
Dear Sapan,
I agree with my Seniors who is guiding you to stay with the organization. However there is break point for any thing and it do have a waiting period. So you please make up your mind in such a way and fix a time frame that is acceptable for you.
Please write to your hr regarding the rule (possibly (s)he has to be aware). Rather than claiming for the additional money my suggestion would be to have a work life balance. Which is more important in official life.
12th September 2013 From India, New Delhi
Hello : I was taken aback to see a response appended below. This is a forum to help the members tackle the issues and not run away from issues. - Gia
13th September 2013 From India, Pune
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