Can a company compell me to work above 8 hours in aday ?
Raju bhai
(Querist) 14 December 2016
This query is : Resolved
I am a employee of V-MART RETAIL LTD.,Raxaul (BIHAR)as a sales man since 22-04-2016 . In my appointment letter a collum is narrated as terms and condition ,"You are expected to devote your time & efforts to the business of the company and work for the required number of hours in a day /week/month as applicable in terms of local state laws."
According to the above terms & condition the company is taking a duty of ten hours per day till this date from beginning and now compelling me to do work for twelve hours per day without any over time payment . Company pay me a salary of Rs:4,500.00 per month .
I want to know (1) What is a minimum salary of a staff like me ? (2) Can a Company compel a staff to do work above eight hours without overtime payment ? (3) What should I do in above conditions with legal way ?
Sudhir Kumar, Advocate
(Expert) 15 December 2016
even govt employee can be compelled to work for any no of hours with/without extra remunerations.
Kumar Doab
(Expert) 15 December 2016
NO.
You have posted that:
"and work for the required number of hours in a day /week/month as applicable in terms of local state laws"
The enactments provide: 8/day=48/week and above it OT applies.
Be clear that there is capping on OT.
Do you have evidence of having been given work @10hrs/day and that you have worked @10hrs/day.
"Company pay me a salary of Rs:4,500.00 per month ."
Seems to below even Manerega.
Look into Min.Wages Act and notification issued and if these cover Sales Man.
Do you get Salary Slip?
Kumar Doab
(Expert) 15 December 2016
Go thru:
The
Bihar Shops & Establishments Act, 1953]1
[ BIHAR ACT VIII OF 1954 ]
[9. Hours of work in establishments
[10. Interval for rest
11. Spreading of periods of work.—
and other sections/clauses
http://labour.bih.nic.in/Acts/Bihar-Shops-and-Establishment-Act-1953.pdf
Kumar Doab
(Expert) 15 December 2016
Go thru:
Bihar-Shops-and-Establishment-Rules-1955
http://labour.bih.nic.in/Acts/Bihar-Shops-and-Establishment-Rules-1955.pdf
Kumar Doab
(Expert) 15 December 2016
As a salesman you might also be covered by the def. of 'Workman' s in ID Act.
Standing Orders might apply to establishment.
Go thru:
The Bihan lndustrial EmPloyment
(Standing Orders) Rules, 1947
http://labour.bih.nic.in/Acts/Bihar-Industrial-Employment-(Standing-Orders)-Rules-1947.pdf
Kumar Doab
(Expert) 15 December 2016
Go thru:
Idustrial-Dispute-(Bihar)-Rules-1961
http://labour.bih.nic.in/Acts/Idustrial-Dispute-(Bihar)-Rules-1961.pdf
Kumar Doab
(Expert) 15 December 2016
Go thru:
Bihar-Minimum-Wages-Rules-1951
http://labour.bih.nic.in/Acts/Bihar-Minimum-Wages-Rules-1951.pdf
Kumar Doab
(Expert) 15 December 2016
Go thru:
Bihar-Minimum-Wages-(Amendment)-Rules-2016
http://labour.bih.nic.in/Acts/Bihar-Minimum-Wages-(Amendment)-Rules-2016.pdf
Kumar Doab
(Expert) 15 December 2016
Go thru:
http://labour.bih.nic.in/D-Rules.htm
Kumar Doab
(Expert) 15 December 2016
Approach:
Employee's/Trade Unions
A very able counsel specializing in Labor/Service matters
rajeev sharma
(Expert) 15 December 2016
Raju Bhai legal position has been very well explained by Mr. Doab and nothing more may be added .Noe you have to decide between continuing with job or to start with litigation in court
Kumar Doab
(Expert) 15 December 2016
Requesting the company to pay OT in situation when OT is applicable, pay wages as per enactments that apply is not litigation.
The point is that you should remain gentle and amiable and submit your representations under proper acknowledgment.
Gather support from peers, employees' ,associations......and generate irrefutable evidence (audio/visual/witnessed/minuted).
If you have irrefutable evidence then you can claim later as well, even after separating from current employer.
Rs.4500/pm without OT is such a meagure amount to sustain.
Are you confident that you can earn this much and even more from any other venture?
If NO; then don't agitate and manage under prevailing circumstances, till you find another suitable employment and in the interim generate irrefutable evidence.
Rajendra K Goyal
(Expert) 15 December 2016
You asked:
What is a minimum salary of a staff like me ?
Reply:
No employer would inform / show salary less than permitted under min. wages act.
You asked:
Can a Company compel a staff to do work above eight hours without overtime payment ?
Reply:
Legally not without payment of compensation. Practically even in government departments / undertakings employees have to work beyond duty hrs.
You asked:
What should I do in above conditions with legal way ?
Reply:
If you have marked your attendance till late hours / have solid proof of work beyond duty hours, you can claim overtime. If not paid lodge complaint with the labor department.
Rajendra K Goyal
(Expert) 15 December 2016
With this you can not overlook practical aspect, it would be difficult to survive with the employer / in the present job if you prefer to proceed against management orders even given verbal.
adv.bharat @ PUNE
(Expert) 15 December 2016
Author need to explain the query raised by expert.
