nmurali5393@gmail.com
Sir,
We need a clarification regarding the following.
Please put in your suggestions to recover the lost wages and offs as well.
1. We are working as Managers in a hotel for the last seven to ten years.
2. We are neither paid ESI, PF, Compensatory off nor wages, festival holidays etc.,
3. Even on the Labor Day, which is an International Labor day, we are neither given off/leave nor compensation by way of off or monitory wages.
4. Similar is the case festival holidays.
5. We just get 21 days leave in a year.
6. Off days when worked to operational exigencies
etc., are neither compensated.
7. Being in the hotel Industry, the managers are rather forced to oversee the operation on New Year day, special functions etc, where they leave the job after 2 mornings at 3 'O’ clock in the morning.
8. We do not get paid for the extra hours we put in or compensatory off for the same.
9. Neither the minimum bonus which is statutory is paid for the last eight years
10. No increment for the last four years.
Await your suggestions
With best regards
Muralidharan

From India, Pune
Madhu.T.K
4193

Labour Laws which regulate working hours, weekly off days, compensatory off days, festival and national holidays, paid leaves, and other provisions related to safety, health and welfare of employees working in an industrial or commercial establishments, are made for the benefits of workmen and not managers. The only labour laws which speak about employees in general are Maternity Benefits Act which covers all women employees including those under managerial capacity and Payment of Gratuity Act. The Payment of Bonus Act covers only those who are getting salary of less than Rs 10000, leaving all managers out of coverage of the said Act. The benefits offered under the ESI Act is extended to employees with a certain monthly salary, ie, Rs 15000. Similarly, Provident Fund is also applicable to employees whose salary at the time of joining is not more than Rs 15000. It is true that many establishments give PF to those whose salary are more than this limit, yet the employer is not under any statutory obligation to give it.

It is generally understood that Managers have more flexible timing. They are not expected to be in their seats exactly at 9 am or 10 am as per the roster and it is by encashing this flexibility that the management is denying compensatory leaves to managers. They are comparatively well paid. They will have freedom of entering the guest area, guest restaurants etc where the other workers are not permitted. There are a lot of privileges that these people will be enjoying over the others. Moreover, the managers are expected to take more ownership in the operation of the business.

But nothing above mentioned will prevent the employer to give a decent increment according to the industry standards to his managers. If you people have not been paid any increment over the last four years, it should be raised as a concern before the employer through a mediator, like the HR person in the organisation. Though legally there is no right for increment every year unless there is an accelerated time scale of pay, it is a common practice that an increase in salary is given to all considering the increase in cost of living, performance of each individual and various other factors. Therefore, you may have to escalate it to the management and get it done.

Madhu.T.K

From India, Kannur
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