Working Hours.

Querist : Anonymous (Querist) 07 May 2010 This query is : Resolved
I am working with Hyundai-Rotem company (Korea) in MRMB consortium, working for Dehli Metro Rail Corporation. My company is in a habit of making its workers work for 20-24 hours continuously. Altough it is providing a fixed amount of money as overtime to the person working. I wanted to know weather it is allowed under Labour laws? If not what action can be taken against this practice?

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Raj Kumar Makkad (Expert) 07 May 2010
Your company is adopting entirely an illegal procedure and thus is liable to be prosecuted under various laws like Industrial disputes act, IPC etc.

Guest (Expert) 07 May 2010
No employer can engage workers on continuous over-time without giving rest intervals between the shifts. Such type of anti-labour
acts on the part of employer can be reported in writing to the Inspector of Factories (if your industry comes under Factories Act) or Commissioner of Labour. For further details, visit labour.gov.in

ESTHERPRIYA (Expert) 07 May 2010
yes i agree with the view of the experts. You can bring this issue forward before the Labour Commission or to the concerned labour authorities or even to Human Rights Commission about the illegal activity of the company as the overtime cannot be forced.

Akhilesh Kumar (Expert) 07 May 2010
it is violation of labour laws.No one can allowed to work without rest.Every four hour there should be rest hour for the employees.One one is permitted to work continuously 24 hours.maximum work hour in a week is 52 hrs. including intervals.

Parthasarathi Loganathan (Expert) 07 May 2010
Since the author is employed in an Korean based company, one needs to go through the labour laws governing such employees in Korea. If he has been deputed for special assignment off-shore, the employer expects the services round the clock. However, rest and recuperation is also a part of deputation duties.

Raj Kumar Makkad (Expert) 07 May 2010
Partha! If person is employed in India then labour laws of India shall prevail and not of Korea as opined by you.

H. S. Thukral (Expert) 08 May 2010
There are prescribed working hours for workers whether working in factories or other establishment. There are restrictions on continuous working/ weekly hours/ spread over/overtime etc. Apparently your employer is violating the law. You can take up the issue with Inspector of Factories. Further overtime shall be as per provisions of law which normally is at double rate. You shall be governed by the Indian Laws no matter whether you are employed by a foreign employer.
Even in case if there is clear exploitation of workers and there fundamental rights are being violated, High Court shall be proper forum for quick and effective redressal of your grievance.

Querist : Anonymous (Querist) 08 May 2010
I really appreciate your views but other thing that is in my mind is that if I go against the system , I may loose my job and second thing is I am not aware of the governing body for my Company and can I take any action without disclosing my identity and how?

A.R.KUPPUSAMI (Expert) 08 May 2010
An employee can held for a time of 10 hours in a factory per day with compulsory interval of one hour. per week 48 hrs. he can be engaged under overtime per day 2 hrs. only and per week 10 hrs. only more than that is offensive and against Factories Act. This matter can be reported before the Inspector of Factories who is the Authority to set right the grievances/disputes

Parthasarathi Loganathan (Expert) 13 May 2010
I believe the author of this query is not bold enough to represent his grievances to the competent authorities.

Working Hours.

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