It companies are covered under State Shops and Establishments Act.

There are rules applicable to Private Companies for payment of OT, compnesatory Off, Suubstitued holiday, weekly of, leave, holidays.....................

You are in which state?

Do you have record of attendance and time clocked?

Do the company/superiors ask to attend offices up to mid of night and on off days, in writing even if by SMS?

There are many threads on OT, you may go thru these e.g:

https://www.lawyersclubindia.com/forum/Overtime-allowance-82296.asp#.UbsBheeAqWM

The IT employees have been organizing themselves by forming Forums, Unions, etc…………

To get relief from exploitation it is always better to organize…………..

e.g:

https://www.itecentre.co.in/

Contact Us

Please contact us on
mail id : contact@itecentre.co.in.
ph : 9620907912

Please Join ITEC group for discussion among IT-BPO employees. To join the group, please send a blank mail to itec_bangalore-subscribe@yahoogroups.com

https://ithiworld.wikispaces.com/News+Update

ITHI, a forum
of women employees in IT and ITeS

West Bengal Information Technology Services Association (WBITSA):

https://www.wbitsa.org/

https://www.itpfindia.org/

Contact Us

IT/BPO Voice of India | Facebook

There are points to ponder as felt by experts and there are thought provoking write ups e.g;

https://www.rediff.com/money/2005/oct/06bspec.htm

The proposal to forge a union for IT workers has now come from the Centre for Indian Trade Unions (CITU) -- the trade union wing of the Communist Party of India (Marxist) -- the largest Left party in the country.

So why do white-collar IT professionals need a trade union?

"A union for IT workers is the urgent need of the hour. I would call the IT professionals 'the labourers of the information age.' They toil long hours; they work at night; and some of them still get meager salaries. So a labour union for them would help fight for their rights," CITU president M K Pandhe told rediff.com.

According to Pandhe, the main reason why CITU has mooted the idea is because the IT industry is not governed by any labour laws. "The IT industry continues to chart remarkable double-digit growth. But isn't it ridiculous that the IT workers are working hard without the backup of any labour laws?" he asks.

"Workers in the IT and ITES industry work for 10 to 14 hours daily. There are no fixed timings for them. The moment the IT professionals get together to discuss their problems at work, the management victimizes them and they are shown the door," Pandhe pointed out.

To begin with, CITU, in collaboration with other Left-unions -- like the All India Trade Union Congress, want the Union government to enact a law separately to deal with the labour issues of the IT industry.

"Yes, there is an urgent need for a labour law exclusively for the IT industry. It is the one sector that is booming across India, and we need to frame a legislation for IT workers. We are going to take up the issue with the Manmohan Singh [ Images ] government soon," said Community Party of India national secretary D Raja.

How are the Left trade unions going ahead to form the unions for IT workers?

"IT industry professionals in India are 'cyber coolies.' We are trying to organise them and convince them on the need to form a union to fight for their rights and jobs protection," said Narayan Ram Hegde, who works for the Union of Network International in India

Thank u so much for guiding me.

yes i do have records of attendance and my company has puncing card attendance sysytem/ They call me in the midnight for backup in while of testing. I am in touch with them throughout the whole working or non-working days via mail or calls. Right now in working in Punjab, Mohali. Same company has branch in Haryana, Gurgaon.  What should i do now?

 Employee should claim for OT in reasonable time under proper acknolwewdgment.

Employer should on his own record OT in requisite forms and pay OT wages along with other wages on normal date of payment of wages.

The Punjab Shops and Commercial Establishments Act, 1958

2. Definitions.

(vi)  “employee” means…..

(vii)  “employer” a person………

(viii)  “establishment”………

(xiii)  “hours of work, or working hours”…..

(xvii)  “night” means……….

(xxvi)  “spread over”means a period between the commencement and termination of

work of an…………

7. Hours of employment.

10. Close day.: (3)…………. (b) employees required to work on that day are paid remuneration at double the rate of their normal wages calculated by the hour.

11. ‘Employees’ off day in a week

12. Holidays. –

Provided that an employee required to work on any such holiday should be paid

remuneration at double the rate of his normal wages calculated by the hour.

15. Wages for close days and during leave period.

16. Wage period.

18,19,20,21………..26,32,………

Employee can approach Inspector Shops and Establishments Act, Under Payment of Wages Act…………o/o Labor Commissioner………..civil court.

If you are not able to handle the matter on your own, you may approach a competent and experienced labor consultant/service lawyer.

Thank you for your precious time and suggestion. I have one more question, How i can file an RTI against such companies.??

Are Private bodies covered under the RTI Act?

All private bodies, which are owned, controlled or substantially financed by the Government are directly covered. Others are indirectly covered. That is, if a government department can access information from any private body under any other Act, the same can be accessed by the citizen under the RTI Act through that government department.

For your academic interest you may find the attachments useful.

You can access any more information thru internet.

Thank u so much for your assisstance

Hi,
My company says an employee has to work 9 hrs 15 minutes in a day. Core timing being 10AM to 4PM. If someone clocks in after 10AM(even a minute late) the attendance management system which is automated marks the employee absent for half a day irrespective of the fact that the employee is completing 9 hrs 15 minutes by staying late in office. 
Perhaps the half day absentee is automatically deduced as a half day leave and if the employee is short of leaves then it leads to salary cut. Also the company also doesnot have any policy for overtime.
My question is that if the company is not paying any Overtime allowance then is it legal to cut leaves/salary of the employee even if he/she is completing the required number of hours in a day.

Please help me frame this case to my company HR.
Thanks,
Anubhav

@ Anubhav,

The computerized Attendance System is put in place to deter the late comers and put in a system for discipline at work place.

OT:

Download and obtain, standing orders, OT policy of the company and relate it with applicable enactments e.g.;

Shops and establishments Act of the state.

Has your company kept you/your designation in category of ‘Exempted Employees’ in OT policy?

If you have made good by working extra hours on the day you were late submit the time in/time out, worked time/hours by email/letter addressed to reporting authority, HR-Head, MD…………….. (with a copy to you) and request to update the attendance and make you eligible for the wages for the worked hours.

Submit your claim for OT in reasonable time, in writing with a copy to you.

Depending on response f the company in writing, you may finalize your next step.

Remain amiable and gentle.

.

Hi.

I am a civil engineer and I work for a very reputed MNC but the practice of working hours here is really not appreciable. We work for more than 12hours a day whereas as per the roster, we get paid for only 8 and a half hours.

On what ground can I say that we are being harrassed? Are employees attaining monthly salaries(not labourers) also covered under Factory Act, 1948 which mentions that the working hours shall not be more that 9 hours a day.

Kindly revert back and please intimate me at ce.rishabh@gmail.com as well.

Thanks in advance.

Working hours for anyone are 8/day and ,48hrs/week.

There is a capping on OT in the Acts also.

Generate irrefutable evidence (audio/visual/minuted/witnessed) of boses asking for work beyond work hours and all affected employees may stand a s a witness to each other and be entitled for OT/substituted holiday/Compensatory off.

Hi,

I am working with one company since last 5 years & my technical records is good here tille the now. as i am managing the all task independently & end of the escalation provider in my team.

Before few days i give my resign after.

My company now tell me for hanover the work. But one thing i discussed with my IT Manager that in my last year 2015-2016  LOYALTY Bonus which he told me last year at the time of increament you wil get this after completing this year .   Now its Augest started and i am in notice period also.  But company will not give me my Loyalty bonus as discussed with me. Many of employee when leave our company that this company donbt give their loyalty binus money & refuse to give.

Now what i have to do.   ONe more things My manager tell me to do all work you have to. so sometimes when any issue accures in network than i have to work extra hours. but not having records of emails & sms.  because my company not having  this process they just told you have to do it & finished this task now.

So is there any law exist for employees so i can get my loyalty bonus ammount .

Download the policy of 'Loyalty Bonus' and dtermine its period ( calender year/Fiancial year) and date of its payment.

Relate with the policy.You may claim for theb period that you have served and 2015-2016  ( calender year/Fiancial year) and thereafter on pro rated basis.

OT: minute the demands made by bosses from personal email id and request to record OT hours in attendance  and pay with monthly wages.

Downlaod attendance record and salary slips of each month.