Can you turn down work request on weekend and holidays without pay ?

Aryanju
My sister worked in an pvt. organisation for several years as a Receptionist.(Work timings 10am-6pm, Sat-Sun off) Years on after service she was made to change her position to accommodate other lady. Although she started working on that new position 'Office Administrator', no official letter was given to her stating that change. After a month anticipating that the HR will officiate her joining, my sister dropped a mail, requesting for an official 'letter'. Nothing was sent across until a reminder was given a second time. Now they have given her an Joining letter stating 1)her new position 2)with no salary change, 3) start of work timing with no closing hour 4) and her requirement to work on Saturdays and Sundays if required (without pay- although this word without pay isn't mentioned, the organization doesn't pay them as all who come are individuals with higher pay)... Plz advice on three things... 1) Do women have fixed hours of work in a pvt. organization (is there any legislation passed on the same)... 2) Does an individual (man/women) have the right to deny work on Off days (especially if that work day is unpaid)... 3) How can the organization be approached to tackle the same?
Prashant B Ingawale
Why you write query as anonymous? Why we should answer query to anonymous queriest?
Aryanju
Prashantji, i apologise on this post being sent by me as 'Anonymous'... and I do agree on your reply... I knowingly clicked that 'Make Anonymous' button on the right of this page... but couldn't undo that... Anyways, I am Aryan Junej...
KK!HR
Dear Aryanju: It appears you are Maharashtra based and the provisions of Bombay Shop & Establishment Act 1948 would apply.The answers are made accordingly.
1) Do women have fixed hours of work in a pvt. organization (is there any legislation passed on the same)... The law sets limit of 9hrs per day/48 hrs per week. For women, the outer limit is 9.30pm.
2) Does an individual (man/women) have the right to deny work on Off days (especially if that work day is unpaid)... It appears the normal working hours are less than 48/week so there cannot be legal claim for extra compensation. Office Administrator is a monthly salary paid employee so any work demand upto 48 hrs/week cannot be denied.
3) How can the organization be approached to tackle the same? Pl try to see the difference the change is bringing. Pl note that Office Administrator is a higher responsibility having supervisory and administrative nature of work and you can definitely seek enhancement of salary suiting that, timing of the demand has to be a cautious decision taken by you.
Venkata Vamsi Krishna Patnaik
While agreeing with Mr.KK!HR, needs to add the point that your sister has worked with them for several years and seeing her sincerity they have promoted her. Though upon request they have give her up gradation letter (in position) as Office Administrator.
She can request the pay hike now to the Management considering the additional responsibility she is handling. The Management can give her the hike or else they would certainly will enhance her salary for the additional load given during annual appraisals as a whole.
Having put in sincere service and having no other hassles to work, she can take the additional load as well as responsibilities till such time,as the Management has trusted her and given some responsibility to deliver.
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