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Mohd Ilyas Akhter (Officer)     23 June 2011

No overtime and long working hours in a factory

Daer Experts,

I am an HR officer in a LTD Company working in a non ferous metal fatory. Here All employees have been given designations from Process Associates(M9) grade to AGM(M3) Grade of executives. These employees are working in the plant and are into production. Company says that all are executives and not workmen so no overtime is payable and no over time is paid to any worker here. employees are offically required to work for 12 Hours a day in exhaustive work environment.

Is this right?

If not then what are the acts which are being voilated ?

Is there any difference between worker or executive in the factory?

How can one fight aginst this? and what is the risk involved in going to court or other competent authority?

 

Please Advice asap!!!



Learning

 3 Replies

Kumar Doab (FIN)     23 June 2011

It is true that such employers and such situations exist. The employee has to be smart, and should certainly voice his concerns in a gentle manner. The situation shall continue to exist, till employee is under fear of vindictive action by employer. Someone shall have to bell the cat.

Company can not declare anyone a workman or an executive as per its inner wishes or convenience. The labor laws shall decide who is workman and who is not.

Your concern is exhaustive work environment and minimum 12 hours/day duty i.e. 72 hours/week.

If the work environment is hazardous to health, and the employee is being forced to long hours at work, the employee can lodge complaint and grievance.

Employee should give a gentle representation to management and if it does fetch any favorable response, should lodge a complaint to labor authorities.

 

Mohd Ilyas Akhter (Officer)     23 June 2011

Can any body tell me about sections that substentiate the argument?

Mohd Ilyas Akhter (Officer)     08 July 2011

5*[(s) "workman" means any person (including an apprentice)

employed in any industry to do any manual, unskilled, skilled,

technical, operational, clerical or supervisory work for hire or

reward, whether the terms of employment be express or implied, and for

the purposes of any proceeding under this Act in relation to an

industrial dispute, includes any such person who has been dismissed,

discharged or retrenched in connection with, or as a consequence of,

9

that dispute, or whose dismissal, dischasrge or retrenchment has led

to that dispute, but does not include any such person-

that dispute, or whose dismissal, dischasrge or retrenchment has led

to that dispute, but does not include any such person--

(iii) who is employed mainly in a managerial or

administrative capacity; or

(iv) who, being employed in a supervisory capacity, draws

wages exceeding one thousand six hundred rupees per

mensem or exercises, either by the nature of the duties

attached to the office or by reason of the powers

vested in him, functions mainly of a managerial

nature.

 

Please explain me this. As according to this all thsoe who are earning wages more than 1600 are not worker??? As this point is taken by my company.

 


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