soni-nitinkumar
Sir, In my office there is discrimination between staff and officer cadre employees. Officers cadre employees are coming in office from 08:30 to 17:00 with 2nd and 4th Saturday as special off including Sunday weekly off. While Staff cadre employees are coming from 08:00 to 17:00 having only Sunday as weekly off.
We have requested a number of times for similar timings to our head of the department but he is not considering our request for this discrimination in timings.
Is it possible to have different timings in the same office having the same nature of work?
Pls, help us to get out of this matter.

From India, Ahmedabad
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Umakanthan53
Labour Law & Hr Consultant

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umakanthan53
5918

Dear Soni,

There cannot be comparison among incomparables.

The service conditions of officers and managers are determined by their contracts of employment or the separate service regulations applicable to their cadre.

The term ' staff ' is a misnomer for employees falling within the ambit of the definition ' workman' u/s 2 (s) of the ID Act,1947 but doing clerical work or kind of work analogous to it.

Just because officers and clerical staff happen to work in the same premises, it is not necessary that their signing-in and signing-off time should be the same. Clerical staff, if required to work beyond the normal working hours, are entitled to overtime wages whereas officers are not because of their predominant nature of supervisory work.

Of course, you have the right to demand revision of working hours based on any point of justification but not in comparison with a higher cadre of employees.

From India, Salem
PRABHAT RANJAN MOHANTY
530

Dear Soni,

Do you receive same salary as others are getting. Similarly, salaries of all officers and managers are not same. Can we call this as discrimination? No, it is not at all discrimination.

You can not simply say there is discrimination between staff and officer cadre employees, because their service conditions must be different. You can call it discrimination, if staff cadres are not given weekly off days and asked to work more that 8 hours.

Our acts and laws allow these discrimination by dividing the work force in different categories. The employees working in HQ are eligible for certain facilities, where as employees in branch office and field employees are not getting. And certain facilities provided to employees working in branch office and fields but not extended to employees working in HQ. All these can not be called as discrimination rather the conditions of work, owing to situations.

Your demand of parity in cadres of employee is not justified.

From India, Mumbai

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