Working beyond office hrs and misconduct by seniors

REGARDING OVERTIME WORK WITHOUT ANY ADDITIONAL PAYMENT,KINDLY NOTE THAT.

1.YOU ARE WORKING IN PRIVATE ORGANISATION,VERY FEW FOLLOW TERMS AND CONDITIONS OF SERVICE.IN CASE ANY ONE OBJECTS,HE IS REMOVED FROM SERVICE.THIS IS REAL FACT ALMOST ALL EMPLOYEES ARE FACING WHILE WORKING WITH PRIVATE ORGANISATIONS.

2.IN GENERAL YOUR JOB OFFER AND APPOINTMENT LETTER CONTAINS ALL TERMS AND CONDITIONS OF SERVICE. YOU MAY REFER SERVICE REGULATIONS ALSO.

3 GOVT EMPLOYEES ARE WELL ORGANISED AND THEIR TERM AND CONDITIONS OF SERVICE ARE CLEARLY DEFINED HENCE THEY RARELY FACE  SUCH PROBLEMS.

4.YOU MAY WRITE TO THE APPOINTING AUTHORITY  WHO SIGNED YOUR APPOINTMENT LETTER ABOUT THE FACTS AND MENTION ALL DETAILS .AND REQUEST FOR COMPENSATION.

5.YOU WILL SUCCEED.

6.LEGALY YOU MAY SEND A LEGAL NOTICE TO THE EMPLOYER AND MENTION ALL DETAILS OF WORK AND EXTRA TIME WORKED BY YOU AND CLAIM THE COMPENSATION.YOU HAVE OPTION TO MOVE THE LABOUR/INDUSTRIAL COURT .BUT THERE WILL BE RISK OF VITIMISATION BY THE EMPLOYER.PLEASE NOTE. SO ACT SMARTLY AND TAKE YOUR OWN DESISION.GOOD LUCK.

Thanks for your reply sir. Is there anything Indian Govt is doing to make worklife better for people working in pvt. cos.

Dear Sir,

This situation is not only faced by u only. This type of situation is faced by almost 80% employees of private sector in India. There are various lagislations enacted by Govt. to protect the interests of employees but as rightly mentioned by Mr. Nandkumar it involves a lot of risk and victimisation from employers side particularly in case of non-workmen because they are totally unorganised. So u gave so many remedies under various acts but involves alot of harrasment to employee because our legal process is too much lengthy and cumbersome and as u know  justice delayed is justice denied. So tread cautiosly and next time bargain all such things before joining new job.

Thanks,

Avinash 

Is Indian Govt. doing anything to safe guard interests of such employees working with pvt. orginisations?

you know wot the indian govt.'s attitude is!

the legislations u r talking abt,perhaps ,may exist on paper,but rarely followed.

you go and talk directly to your boss or the concerned person that u either want extra pay for extra hrs.,or else be given an option,not to work beyond office hrs and on holidays.

talk of all ur LEGAL rights and demands,ONLY after carrying a recording device/camera that can be easily hidden,so that ur senior cant see it.

if he gets angry or threatens to terminate you,all his bullying will be recorded and will come in handy,if you plan to file a case.

before the above talk,send a registered letter also to ur employer and keep a copy of it.it shud have all the aforesaid legal demands and rights.

after getting this letter,obviously he will call u personally in ur cabin,where this recording can be dun.I'm 99% sure that he'll reprimand you for being "callous" towards ur job and not being an "ideal" employee who'll sacrifice his personal life for company's growth.

so,collect proof.

you will also not have regrets that you did not settle this matter amicably before going to court.

The Government and the legislature has made adequate laws to protect the interest. Every establishment is governed by the laws and particularly the Shops & Establishment Act (or Shops & Commercial Establishment Act), where every employees working time and conditions are regulated.. While private establishments, especially Telecom works on flexi timings to cope up with business exigencies, such flexibility should be alawys mutual and reasonable. The abuse is by certain persons and there could be internal mechanisms to address the grievances. Try speaking to the senior team, particularly HR to take care of emotional issues. Particularly, taking calls during driving is against all safety norms and could invite life risk. Hence escalate the matter internally and I am sure this would work. While raising issues, show positiveness to work and express your ideals for alternative process where the working envirorment could be made more conducive.

vasudevan

While you are on way from home to office ,and you receive a phone call from your boss...you can record the call and its time of call and duration of call....

While you are checking intooffice you must be signing in register....obtain a copy in your mobile phone camere or photocopy...

While you have left office and signed obtain again......

While you are off duty and receive call record...........

While you are working fro home record........

Submit in writing your concerns in a positive and promising tone and share your emotions .........

You may mention extra hours you have worked........

Please note that the time is for smart workers............you shall face such situations since almost 90% of the employment is in privae sector. You need to adapt and need to be smart to handle situations.

If you decide to get paid for extra hours you shall need proof and written record.

Why don't in you trade a union is formed.

Only 7 people need to sign.

Once formed you can send email to all employees of all such establishments educating them on their rights and see how many come forward.One by  one, bit by bit , you can gain strength.

Clssical example id Pharma/healthcare.

Medical Representatives/their unions  : Sales Promotion Act is available.

As per the provisions of the The Minimum Wages Act, 1948, Section 14  "Where an employee whose minimum rate of wages is fixed under this Act by the hour by the day or by such a longer wage-period as may be prescribed works on any day in excess of the number of hours constituting a normal working day the employer shall pay him for every hour or for part of an hour so worked in excess at the overtime rate fixed under this Act or under any law of the appropriate government for the time being in force whichever is higher."  You may seek help/contact the labour commissioner of your establishment area.

The Government of India had always kept a positive approach towards the ILO, being the founder member its and had ratified 43 of its Conventions, most by any developing nations.  There are sufficient legislations and instruments protect the employee's rights.  The only requirement is to pursue the tougher course.

God helps those who help themselves, why wont the Govt. then!
 

Dear friend this ailment is not only in private sector but has now started in Public Sector companies/deptts. too. We in Punjab State Electriciaty Board (PSPCL), (JE's and RA's) also do have same behaviour of seniors and have to work 24 hours. Senior officers speak rudely and donot allow to work as per rules. Norms now are a thing of past. All attempts to get proper evidence fall useless when they are not recongnised valid by courts. I think you should have an alternate of earining bread (may your spouse be an employee or earning hand), and you should be mentallly preparared to live a miserable life (sans enough fund for luxuries), only then you should dare to speak fearlessy before your such harsh seniors and give them a lesson how to treat with junior/subordinates. In that case too you should be properly vigilant of your own  behavour, giving to excuse to them to held you guilty. One more thing you need to collect more and more efficiency of writing the letters/details of proceedings being happen/observed by you, so that any court/commission/authority be convinced of your sincerety. Else, keep living like slaves, only this is the freedom given to us since 15.8.1947.
 

KINDLY NOTE THAT.

1.AS I HAD ALREADY ANSWERED., YOU MAY KINDLY REFER YOUR JOB OFFER AND APPOINTMENT LETTERS AND SERVICE REGULATIONS .KINDLY REFER TERMS ABOUT EXTRA AND OVERTIME WORK AND COMPENSATION FOR THE SAME.

2.YOU MAY KINDLY SEND A VERY WELL DRAFTED APPLICATION MENTIONING THE EXACT DETAILS OF  EXTRA WORK AND EXACT HOURS WORKED BY YOU AND CLAIM FOR ADDITIONAL COMPENSATION FOR THE SAME. YOU MAY SEND THE COPY OF THE SAID LETTER TO YOUR TOP MANAGEMENT AND PERSONNEL DEPT.KEEP ACKNOWLEDGEMENT OF THE SAME. GENERALY THEY WILL NOT GIVE ANY ACKNOWLEDGEMENT OF THE SAME HENCE SEND THE SAME BY SPEED POST A.D.

3.AT LEAST THE OTHER SIDE WILL REPLY AND MAY PAY YOU THE COMPENSATION OR MAY AGREE TO STOP THE EXTRA WORK.

4.KINDLY USE THE WORDINGS CAREFULLY AND AVOID USING HARSH LANGUAGE.YOU WILL SUCCEED.

5.BUT IN CASE THE OTHER SIDE IS NOT PAYING ANY EXTRA AMOUNT FOR ANY EXTRA WORK THEN YOU HAVE OPTION TO MOVE THE LABOUR COURT IN THE AREA OR FILE CIVIL SUIT IF IN OFFICER CATAGORY.

6.BUT THIS MAY LEAD TO CLASH WITH THE MANAGEMENT AND YOUR JOB WILL BE ADVERSELY AFFECTED SO BE PREPARED FOR CHANGE OF JOB IF POSSIBLE.GOOD LUCK

7BUT BEFORE LEAVING THE JOB KINDLY CHECK ANY NOTICE PERIOD MENTIONED IN YOUR JOB OFFER AND APPOINTMENT LETTER .YOU MAY GIVE NOTICE BEFORE LEAVING THE JOB.

8 YOU WILL LEGALY GET THE AMOUNT CLAIMED  FROM THE SAID EMPLOYER.PLEASE NOTE.