Struggling with Unpaid Wages and Lack of Time Off in the Hotel Industry – How Can We Address This?

We need a clarification regarding the following. Please put in your suggestions to recover the lost wages and offs as well.

Employment Concerns in the Hotel Industry

1. We have been working as managers in a hotel for the last seven to ten years.
2. We are neither paid ESI, PF, compensatory off, nor wages for festival holidays, etc.
3. Even on Labor Day, which is an International Labor Day, we are neither given leave nor compensation by way of time off or monetary wages.
4. The same situation applies to festival holidays.
5. We only receive 21 days of leave per year.
6. Off days worked due to operational exigencies are not compensated.
7. Being in the hotel industry, managers are often forced to oversee operations on New Year's Day and during special functions, leaving work at 3 o'clock in the morning.
8. We do not get paid for the extra hours we work, nor do we receive compensatory time off.
9. The statutory minimum bonus has not been paid for the last eight years.
10. There have been no increments for the last four years.

Awaiting your suggestions.

With best regards,
Muralidharan

Understanding Labour Laws and Managerial Roles

Labour laws, which regulate working hours, weekly off days, compensatory off days, festivals and national holidays, paid leaves, and other provisions related to the safety, health, and welfare of employees working in industrial or commercial establishments, are designed for the benefit of workers and not managers. The only labour laws that address employees in general are the Maternity Benefits Act, which covers all female employees, including those in managerial roles, and the Payment of Gratuity Act. The Payment of Bonus Act only applies to those earning a salary of less than Rs 10,000, excluding all managers from its coverage. The benefits provided under the ESI Act are extended to employees with a monthly salary of Rs 15,000. Similarly, the Provident Fund applies to employees whose initial salary is not more than Rs 15,000. While many companies provide PF to those earning above this limit, employers are not legally obligated to do so.

It is commonly understood that managers have more flexible schedules. They are not required to be at their desks precisely at 9 am or 10 am as per the schedule, and it is this flexibility that management uses to deny compensatory leave to managers. Managers are typically well-compensated and enjoy certain privileges such as access to guest areas and restaurants that other employees do not have. They also bear more responsibility for the operation of the business.

However, these factors do not preclude employers from giving their managers a fair raise in line with industry standards. If you and your colleagues have not received an increment in the past four years, it should be raised as a concern with the employer, possibly through a mediator such as the HR representative. While there is no legal requirement for an annual increment unless specified in the pay scale, it is customary to adjust salaries based on the cost of living, individual performance, and other relevant factors. Therefore, you may need to escalate this matter to management to address it.

Regards,
Madhu.T.K