Is It Fair for My Employer to Extend Work Hours Without Consent? What Should I Do?

I am an employee in a Pvt. Ltd. Co. My duty timing is 9:30 AM to 6:00 PM. Now the employer is forcing all the employees to come into the office at 9:00 AM and leave the office at 7:00 PM. The company issued a circular on plain paper. Employees are not accepting the same, but the Managing Director is saying every employee shall have to follow this rule; otherwise, they can resign. I am in a great dilemma. What should I do? Can he do this? Please guide me.

Thanks in advance,

PKS

Legal Working Hours Under the Factories Act

As per the Factories Act, no management can ask an employee to work more than 48 hours in a week or 8 hours a day, excluding lunchtime. According to your mail, your management is asking for 10 hours. Even if you calculate one hour for lunch, the total actual working hours are going to be 9 hours a day. This is against the law if you are working for 5 days a week.

The management cannot make a unilateral decision. If your employees report the same to the Inspector of Factories or the Labour Department, they will initiate action against the management. This is a change in service condition, and a 21-day prior notice should be given. If there is any objection from the employees, only then can they implement it. However, in this case, it is not valid because they are violating the basic rule of 8 hours a day or 48 hours a week; hence, this is illegal.

Thanks and regards,
Kamesh

What Kamesh says is correct. The alternative approach will be to type a letter on paper stating that it's difficult for all of you, employees, to put in 10 work hours a day. Also, mention that it would disrupt your work-life balance, and all of you are happy to work with your company and would like the management to consider reverting back to 8 hours per day or 8 and 1/2 hours, which you had agreed to at the time of joining. Address the letter to top management and make sure all the employees currently working sign the letter. The management will have to agree.

Can you mention if it is a manufacturing firm or otherwise, which sector it belongs to?

Circular Issuance

Firstly, a circular such as this ought to be printed on the company's letterhead and should bear the signature of the appropriate authority.

Reason for Change

Secondly, they should also state the reason for the increase in the work hours and for how long they are planning to introduce this change. Is it temporary for a few months, or is this going to be a long-term practice?

Employee Concerns

Do you have an HR department? Have you tried seeking help from them? What was their reaction to this situation? Did they answer any of your queries?

Regards,

This is nothing new with Pvt. Ltd. companies. These are like personal fiefdoms, and no law is applicable. I have come across numerous such companies that make unilateral decisions where the employee has no say. No one wants to bell the cat and complain to management or HR authorities as that person could be targeted. Even if this company has an HR, the HR will toe the line of the MD or else lose his/her job. It is a wild world out there, and since jobs are not easy to find, employees have to bear with all this nonsense until they find a better job.

Employees of such companies are never dedicated or loyal to them. I know this is not fair, but that is the sorry state of affairs in non-MNC companies. MNC companies are the only ones who follow all rules and regulations; they also care for their employees.

Regards,
Ronald

While concurring with Kamesh, Ankita Shah has raised valid queries—suggest responding so that the members can give you more focused suggestions. I am not sure if Getsie Jesse's suggestion ["...make sure all the employees working currently sign on the letter"] is realistic. The worst-case scenario would be risky. From the management's perspective, this can be used as a ruse—that you are trying to form an Employees Union—and you can well imagine the responses/reactions you will invite later. Not that it's wrong, but you also need to be ready for the consequences—are you?

In addition to Ankita Shah's queries, please also confirm the employee strength of the company.

There's one thing that doesn't seem to jell—why did the company issue a circular on plain paper? Is it that the management is surely aware of the rules but still went ahead with the circular and still doesn't want to get caught later if things go wrong? Food for thought, I guess.

Regards,
TS