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Hi All, I am working in an IT company. My working hours are min 37.5 per week but I have been forced to work 42.5 hours weekly means avg. 1 hour extra daily except my lunchtime since last 3 years without paying any overtime, even I also work on Saturday once or twice in a month without getting any overtime payment.
So can I challenge this in labor court as mentally and physically harassment? Being forced to do extra hours without getting any overtime pay.
Please suggest.

Hello,
first talk to some good labour consult person , then go according to that.

Hello there,
Kindly check your salary break up first, if they mention over time or extra time pay in your CTC, you cannot do anything rather than to work, if that is not the case kindly speak to your HR and get it sorted, going to labor will not sort your problem, it causes your termination and get problem with your gratuity.
working over time is not a clause to fight in labor as a major issue, the management simply tell that the employees has to be work according to thier KPI and targets.
please speak internally to clear your problem to your HR/ Reporting boss

Dear Mr. Disturbed:
First revisit your appointment / acceptance letter. How many hours of work per week are mentioned therein, Working off and on , on Saturdays is included or not? Overtime payments are mentioned? Only on having seen these employment conditions can you think of a labor court - which is not an easy solution.
Check on the labor laws on your country - there the work week would be clearly defined for your industry. If your current working status ( in terms of the hours you are putting in ) are in excess of the statutes, then approach the management, with a written request ( supported by all documentary evidence ) for the ancillary payments that will should be made to you.
Hope this makes you feel better.

Dear Colleague,
The law has laid down normal working hours as 8/per day or 48/per week ( Shops and establishment Act or Factories Act)
You are currently working for less than legally laid down normal working daily/ weekly hours.
Forget about raising any claim about overtime and stop diverting your attention to such trivial matters.
In today' s competitive world, clock -watchers like you are unwelcome and will loose the race.
Regards,
HR- Consultant

Dear IT Professional,
The views are correctly expressed, by the HR Consultant from Mumbai.
Please feel yourself part of your Company and have informal dialogue with your HR / Seniors and sort out the issue amicably and aim high in your career.

Thank you, Everyone, for your valuable suggestion. I am currently working as an HR itself. Yes, I understand working hours in India 8hrs/day. But I am in the different situation. Actually, I have resigned and according to my contract cum appointment letter notice period is 2 months or compensation equivalent to two months basic salary in lieu of notice on either side.
But I am willing to serve one month notice period and ready to pay one-month short notice amount otherwise I will lose my new job offer but the company is not releasing me before 2 months and Sr. HR ( From UK) referring appointment letter for 2 months notice period.
So encounter my working hours are also 37.5/week as per my appointment letter. So can I challenge this internally or In labor court if I am not getting experience & relieving letter and F&F documents

Thank you, Everyone, for your valuable suggestion. I am currently working as an HR itself. Yes, I understand working hours in India 8hrs/day. But I am in the different situation. Actually, I have resigned and according to my contract cum appointment letter notice period is 2 months or compensation equivalent to two months basic salary in lieu of notice on either side.
But I am willing to serve one month notice period and ready to pay one-month short notice amount otherwise I will lose my new job offer but the company is not releasing me before 2 months and Sr. HR ( From UK) referring appointment letter for 2 months notice period.
So encounter my working hours are also 37.5/week as per my appointment letter. So can I challenge this internally or In labor court if I am not getting experience & relieving letter and F&F documents
I have attached my documents please check and suggest accordingly.
Thanks.


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Sir
Not less than 48hrs in a week is universally accepted labour law.
Check your appointment letter for Saturday leave.
. Working hrs.
Pls
Some Govts exempted many labour laws to IT sector industries. In order to facilitate.. IT.
Gannahope nellore

Hotel Industry comes under both Company's act and Shop and Establishment act. Still staffs are forced to work minimum 12 hours a day and no NH is considered as entitlement apart from other violations of factory's act or local S & E act.
Do any of my friends have some idea whether this is acceptable for hotel industry as per law or its a violation.
if it is a violation then who in the establishment are punishable if any staff approaches to court.
Secondly would like to have guidance for lady employees rights while working beyond 7 PM in hotel industry (karnataka jurisdiction).

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