Are You Being Forced to Work Overtime Without Pay? Know Your Rights and Options!

Hi, one of my friends is working in a BPO company registered under the Shop and Establishment Act (Chennai). The company is forcing employees to work beyond 8 hours without overtime. In general, the shift is from 9:30 am to 6:30 pm with Saturday and Sunday off, but employees are working until 8 pm and during month-end until 1 or 2 am.

Employee rights regarding late working hours

What are the employee rights (including Executives and Team Leaders) to avoid working late hours? Can an employee lodge a complaint with the Labour Commissioner regarding this issue?

Demotion and complaint options

An employee who raised this concern has been demoted from a Team Leader position to an Executive role. In this situation, what kind of complaint can they file? The company did not provide any written notice to the employee about performance issues but downgraded them during the appraisal period. Following this incident, the employee plans to resign from the company to maintain their original designation without accepting the revised increment letter.

I am seeking your valuable suggestions.

Regards, Ramesh G

The Government of Tamil Nadu has granted exemption from Chapters II and III of the TNSE Act, 1947, which include, among other things, daily and weekly hours of work and spread over periods of work, to Software Industries in G.O. Ms. No. 316, Labor & Employment (C) dated 24-12-2004. One of the conditions for this exemption is that it shall be canceled if any genuine complaints are received from the employees. When the exemption is in force, the inspector under the TNSE Act cannot take substantial action in this regard.

Therefore, make a specific complaint in this regard to the Commissioner of Labor, Chennai-6, as well as to the Secretary to the Government, Labor and Employment Department.

Dear Umakanthan Sir,

Thank you very much for your response; it is really useful.

@ Prashant B Ingawale - My friend is not a part of this forum. When our friends are in trouble, we must do something to support them; that's what I am doing. I really care about them. Don't you?

Regards,
Ramesh G