Facing Long Hours and No Benefits at Work: How Can I Address These Issues Legally?

Dear seniors,

Greetings of the Day!

I am looking forward to your help and support on some of the points below; that would be a great help and support.

I am working in an organization where working hours are more, the lunch break is less (20 minutes), and there is no PF or security money deposit. It's a Retail Organization based in Delhi.

Working Hours and Break Time

1. In my organization, working hours are 10 hours with a 20-minute break, 6 days a week. Is there any government policy on working hours and break time? If yes, how can I make a complaint about the same? Please let me know as we don't get any overtime for the same.

Provident Fund (PF) Concerns

2. In my last company, I was paying PF, but now in this company, there is no PF. Is it legal? In my opinion, my organization must deduct my PF. My organization size is above 200 employees. Please help me on this matter.

Security Money Deposit

3. When I joined this company, they took 15 days' salary as a security money deposit. Is it legal to take money from employees for a job? Moreover, if I leave the company within 1 year, I will not get the security money deposit back. Is it legal as per Government Law?

Government Holidays

4. Only on Holi and Diwali do we close; otherwise, we are open on 15 August and 26 January as well. No Government holidays. Is there any Government Policy on the same? We don't get paid for these days as well.

I need you all to help me on all the above points; that would be a great help and support.

Regards.

As you work in Delhi, for working hours you should refer to the Delhi Shops and Commercial Establishments Act.

Working Hours and Overtime

Against Q No. 1. Please read Section 8 below:

8. Employment of adults, hours of work: No adult shall be employed or allowed to work in the business of an establishment for more than nine hours on any day or 48 hours in any week. The occupier shall fix the daily periods of work accordingly:

Provided that during any period of stock-taking, making of accounts, or any other purpose as may be prescribed, any adult employee may be allowed or required to work for more than the hours fixed in this section, but not exceeding 54 hours in any week. This is subject to the condition that the aggregate hours so worked shall not exceed 150 hours in a year:

Provided further that advance intimation of at least three days in this respect has been given in the prescribed manner to the Chief Inspector. Any person employed on overtime shall be entitled to remuneration for such overtime work at twice the rate of his normal remuneration calculated by the hour.

Explanation: For the purpose of calculating the normal hourly wage, the day shall be reckoned as consisting of eight hours.

Provident Fund (PF) Deductions

Ans 2. In case your basic pay is less than Rs. 6500, it's mandatory for your employer to deduct PF. As salaries in Delhi have risen, the purview of the EPF limit of Rs. 6500 has hence led many employers to exempt their employees from PF deductions.

Security Deposit and Salary Withholding

Ans. 3. This is illegal. No law states for a security deposit or holding salaries if the tenure of a year is not completed.

Working on Holidays

Ans. 4. You work in the retail industry; therefore, business comes on holidays and weekends. If the shop is in a mall, it may be open for 365 days. If it's in a street or a market, it must be closed on holidays such as 15th August and 2nd October. In case your employer calls you for duty on these days, either he should give you an additional day's salary (twice the original amount for a day) or a day of compensatory off in lieu of that.

Warm regards,

Umesh Chaudhary

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Thank you for all your help and support. Could you please clarify Question 4 more precisely?

I work in the Head Office, and we only receive 2 National Holidays (Holi & Diwali). We do not get paid for the rest of the National Holidays. What if the organization does not provide National Holidays to employees? How many days of leave does the company have to give (as per Government rules)? Where can a complaint be lodged if the organization neither provides holidays nor extra pay?

Regarding Question No. 3

Please let me know where a complaint can be made for this.

Thank you for your help and support.

Warm Regards,
Harry

Major Holidays in Delhi

In general, I believe there are five major holidays in Delhi: Holi, Diwali, August 15th, January 26th, and October 2nd. For exact details, please refer to the Delhi Shops and Commercial Establishments Act. Any complaints regarding these holidays can be directed to the Labour Enforcement Officer in your area. Since Delhi is divided into four regions - East, North, South, and West - it is advisable to consult the labour enforcement officer in your specific area. Please ensure that your job is secure before lodging a complaint, as it may provoke a negative reaction from your employer.

Warm regards,

Umesh Chaudhary

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Implementation of Labor Laws and Employee Welfare

There are plenty of Acts and Rules enacted by the Government. The problem arises when the implementation does not happen with sincerity. This is entirely due to exploitation by employers, as such rules have been enacted by the Government. However, the Labour Department of the same Government can also compromise by taking money from the employers and ignore safety, compulsory holidays, stipulated working hours, exploitation of labor, etc. You can always lodge a complaint with the labor department, but then you may become the first victim as well.

So, think and act prudently; take help from external agencies, or a group of employees can sit with senior management and make them understand what they are doing is unlawful and they should implement the rules keeping in mind the welfare of employees. This will be a good motivating factor for them to continue in your organization. These days, awareness levels of employees have gone up appreciably, thanks to the advent of information technology, worldwide web facilities, etc. Therefore, managements cannot ignore the needs of the employees, or else they will fast lose them.

Best wishes

Dear seniors,

I would like to modify the answers of Mr. Umesh to Qn 2 & 3 as under:

Answer 2: Since he was a member of EPF and had not withdrawn the balance, the new employer has to enroll him under the Act even if his salary is more than ₹6,500 per month.

Answer 3: The company can always demand security money or a bond legally, and as a way to help the employee meet the requirement, can deduct the amount from the salary with consent. There is no illegality involved there.

Hope you will agree with me.

Regards.

Dear Friend Prem,

You need to go through my answers a bit more carefully this time; you'll find my version with utmost clarity. Also, one may ask for signing an agreement but cannot hold the salary of 15 days. This is illegal, and that, too, salary of 15 days not payable at all if not completed a period of one year is illegal again.

Regarding EPF Query

I have mentioned what organizations do to save from contributions payable to EPF. To be abreast with more knowledge, I wish to know which section of EPF & MP Act states that the deduction of EPF is mandatory when leaving a job from one employer and moving on to another, even if the Basic pay of the employee is above the prescribed ceiling. So far, I know it's recommended by EPF authorities but not mandatory. EPF authorities also recommend getting your EPF transferred to a new employer and not withdrawing it.

Warm regards,
Umesh Chaudhary
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