Overworked and No Days Off: What Are My Rights When My Boss Pushes 12-Hour Days?

Dear sir,

May I know what my rights are if my boss or company is making me work more hours than normal without providing any leave, even on Sundays? Currently, I am working a minimum of 12 hours a day, including Sundays. When I raise this issue, I am always told, "Do you want the job or not?"

Thank you.

Dear Rajiv,

If you fall into the workman category, you are entitled to receive overtime at double the rate of your normal wages for any hours worked over 9. It is compulsory by law to provide a weekly off. Could you please let me know where your company is located, the nature of the business the company is engaged in, and the total number of employees working there? The answers to these questions will help me ascertain the correct legal position.

Thank you.

If you fall within the category of "employee" under your local Shops and Establishments Act, then it provides for holidays and hours of work. You need to check on this.

Rajan Associates

https://www.citehr.com/285737-legal-...-industry.html

Dear Sir,

My company's head office is in Kazakhstan, and the corporate office in India is in Gurgaon. The company operates in the construction industry and has approximately 38,000 employees worldwide. I work in the IT department as an Engineer. I have already discussed with my HR department about long working hours and working on holidays. However, they have informed me that there is no company policy for overtime payment. They only provide transportation and food expenses (actual transportation costs and a food allowance of Rs. 100) for working on holidays.

Although the company policy states a 5-day working schedule, my boss does not allow us to take government registered holidays such as December 25th and January 26th. Previously, I used to have Sundays off at the Gurgaon office, but recently, I was transferred to another location. At this new location, all employees work more than 12 hours a day, including Sundays. This office is temporary as it is a site office, and once the work is completed, it will be closed. The company provides accommodation, food, and transportation at this site office.

I am now questioning if these benefits are sufficient for employees. If the company provides such benefits, do employees have the right to request payment for overtime work?

Please also advise me on the best response if my manager or boss consistently says to me, "DO YOU WANT THE JOB OR NOT?" and threatens resignation.

Mr. Rajiv,

If you fall under the labor category, the hours of working and national holidays will be frozen. It is stated that there is "one day holiday with pay for every six days of continued work" and eight hours of duty with a one-hour lunch break. If you are categorized under Management, the regulations depend on the Management/HR policy. In this scenario, you do not need to request any overtime wages except for a form of late-hour working allowance. Concerning holidays on Sundays, they should be designated as a rest day, and the working day could potentially be considered as an optional or compensatory holiday. You can advocate for the Sunday rest day, prompting management to reevaluate the situation, although they cannot dictate whether work should be done or not. According to the Employment Act, one day must be designated as a rest day each week, and management cannot dictate work or non-work days. You can assert that continuous work without rest is a violation as per the Employment Act, and employees can raise concerns about this matter without facing repercussions.

T. Kumar

Dear Jain Rajiv,

Based on your experience, you may explore the possibility of securing a good job. However, your family may also be an issue. My advice is to work with them and inquire about other companies or industries nearby, and then you can resign.

It is also necessary to know whether any PF is being deducted from your salary and if the employer's PF share is being remitted to the PF office.

How long have you been with the present job?

All your answers shall need to be considered to give proper guidance. All the best, do not get frustrated.

Regards,
Subbaa Rau Ravula

Regardless of whether you are a manager or a worker, your body and mind need rest. Expecting regular work for 12 hours is unfair, unethical, and illegal as well.

I am not sure if everybody at your site office works for 12 hours or if only a few, like you, are forced to work beyond normal working hours. In that case, you will have to convince your boss that you will complete all your day's work in 8-9 hours and be allowed to leave the office once your work is done. Sometimes the very nature of work, especially project-based work, puts you in a situation where you are constantly struggling to meet deadlines, creating a race against time, and leaving you no option but to work non-stop. You are the best judge of the situation at your workplace.

You need to understand clearly the mindset and perspectives of your boss and management, and find a way to convince them to allow you to leave after 8-9 hours of work, provided you are meeting the targeted work volume on time. Alternatively, you may need to work for 12 hours if the situation demands it, and if you find satisfaction in your work and delivering results.

If the above suggestions do not work for you, consider looking for another job.

Hi Rajiv,

I hope you quit before the frustration eats into your self-esteem. I was stuck with such a company (in Kapashera, Gurgaon) which was a dairy plant, and the owner did not even provide us chairs as we might sleep! I left within two months. One thing you can do until the time you stay there is to work in the first half, take a 24-hour break, and then work again in the second half the next day. However, I hope you get a better option soon.

Regards,
Aanand

Dear Mr. Rajiv,

Once upon a time in our Indian Service Industries, there would be a wall hanging or board which says, "Service is our Motto," but in reality, they would not provide any proper service. For example, in the banking industry, the working hours were 10 to 5, but service hours were only from 10 to 2. If you went to the bank at 1:45, the cashier and other staff would ignore you. However, nowadays, the entire scenario has changed.

Banks now operate for 12 hours, and other service industries have also started recognizing the importance of extending their services beyond regular hours if approached.

You are in an unorganized sector, i.e., the construction industry. You can see that the workmen are working from 8 am to 10 or 11 pm, which has become inevitable for survival.

If you complain about the working hours to the labor commissioner, your case will not be considered because you are an IT person and cannot be considered a laborer. The beneficiary here is the Labor Commissioner; that's all.

The only remedy is for you to change your industry from construction to manufacturing or other service fields.

Think carefully about the consequences of your actions before proceeding further.

Wishing you all the best.