Anonymous
Hi
I wanted to know what action can be taken for the following situation...
Our office AC is not working for the past 2 months and our office does not have proper ventilation. The management has rented fans, however since the fans are continuosly working for 24 hrs the motor gets hot and in the end it gives out hot air... there are no windows since this a modern glass building. When v complained, our boss is telling us to resign if we cannot bear the heat.
Please advise

From India, Mumbai
PROFESSIONALS AND BUSINESSES PARTICIPATING IN DISCUSSION
Dinesh Divekar
Business Mentor, Consultant And Trainer
Sushilkluthra@gmail.com
Consultant In Legal Matters
+1 Other

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Dinesh Divekar
7532

Dear Sans3435,
Providing conducive work environment is the responsibility of the management. Hygienic factor impact the motivation of the employees. But then if your boss is insensitive to these basic requirements then what you can do? You have two options. Either put up with the heat or tender resignation.
By the way, who is this "boss"? Is he MD or GM / VP? If he is GM/VP then you may approach MD of your company.
Thanks,
Dinesh Divekar

From India, Bangalore
sushilkluthra@gmail.com
221

After approaching your higher bosses if still the needful is not done then complain to the inspector under the Bombay Shops and Establishment Act for implementing the provision of section 39 and 40 of this Act. Under section 40 the ventilation in the premises is essential otherwise the manager can be prosecuted under the Act. It may be pointed out that if your establishment has more than 50 employees then under section 38B of the Act, the provisions of Model Standing Orders are applicable whereby an employee cannot be terminated without principles of natural justice compliance. Termination due this reason will not be valid in the eyes of law and will be set aside.
Thanks
Sushil

From India, New Delhi
sushilkluthra@gmail.com
221

It needs clarification and pointing out that section 38-B of the Bombay Shops and Commercial Establishment is applicable to workmen whereas section 66 thereof is applicable to other employees.(seeThe Indian Tobacco Company ... vs The Industrial Court And Ors. on 25 October, 1989 Equivalent citations: (1994) IIILLJ 459 Bom)
Thanks
Sushil

From India, New Delhi
D.GURUMURTHY
107

Now a days most of the bosses are like that. Bose is always right.
Continuously inform him about your problems when he is in good mood.
or Praise him in meetings and request the facility, he will consider.
D.Gurumurthy
HR&IR Consultant
Hyderabad.

From India, Hyderabad

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