One of my friend working in a BPO company registered under shop and Establishment act (Chennai) - Company forcing employee to work beyond 8 hours without overtime (in general shift 9.30 to 6.30 with Saturday and Sunday off - But employees working till 8pm and during month end till 1 or 2am) . what is the employee rights (Employee includes Executive, Team Leader) to avoid working late hours. Can an employee make any complaint with Labour Commissioner on the same?
Employee who have raised this issue has been degraded from Team Leader post to Executive post in that scenario what type of complaint he can raise. They have not given any Letter to employee on Performance issue but degraded during appraisal time. After this incident he has planed to resigned from the company in order to retain his old designation ie. without accepting revised Increment letter.
looking for your valuable suggestions.
Ramesh G

From India, Chennai
Labour Law & Hr Consultant
Payroll Specialist

Prashant B Ingawale

Why you bothered ? Why your friend is not writing on this forum directly?
From India, Pune

Dear Ramesh,
The Govt. of Tamilnadu have granted exemption from Chapters II and III of the TNSE Act,1947 which comprise of, inter alia, daily and weekly hours of work, spread over of periods of work to Software Industries in G.O Ms No.316, Labor & Employment(C) dated 24-12-2004. One of the conditions for this exemption is that it shall be cancelled, if any genuine complaints are received from the employees. When the exemption is in force, the inspector under the TNSE Act can not do any thing substantial in this regard.
Therefore, make a specific complaint in this regard to the Commissioner of Labor, Chennai-6 as well as to the Secretary to Govt., Labor and Employment Department.

From India, Salem

Dear Umakanthan Sir,
Thank you very much your response is really useful.
@ Prashant B Ingawale - My friend is not part of this forum. when our friends are in problem we have to do something to support them, that's what I am doing. I am really care about them. Don't You?
Ramesh G

From India, Chennai

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