Ashish Yadav (General Secretary) 23 July 2013

Extra working hours

Sir, I am working in a PSU and resides in the township of company. Our company is a mining company and the mines and crushing plants are located about 22 kms from the township. The lease of mines starts about 1km from the township and screening and loading plants are situated within 2-3 kms from township. Company has provided buses to carry us frm township to our workplace and back. Here the problem is that the employees who works in mines and crushing plants have to travel 22 kms by bus to reach their workplace which takes one hour. These employees have to spend 2 hours extra daily in journey, thus they spend total10 hours ( 8 hours duty + 2 hours journey period) to perform their duty. whereas employees who works in screening and loading plants have to travel only 2-3 kms which takes maximum 10 minutes. The company do not compansate for the extra 2 hours by either giving overtime wage or any other allowance. Previously the workers of mines and crushing plants use to reside at township near mines but 10 years back management shifted the township 22 kms away. Thus the workers have to travel 44 kms daily to reach their workplace. pls tell me that can we demand overtime wage for these extra 2 hours journey period. Is there any provision in Mines act which can help us. Pls advice..

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3 Replies

Hemant Agarwal (ha21@rediffmail.com Mumbai : 9820174108) 24 July 2013

Originally posted by : Ashish Yadav
	workers have to travel 44 kms daily to reach their workplace. pls tell me that can we demand overtime wage for these extra 2 hours journey period.

You are enjoying the 44 kilometer journey at the cost of the company, which means you are not working during the two hours of the 44 kilometer journey.

If you prove that you are working during this "two hours of the 44 kilometer journey", then you may be able to demand the salary for this two hours.

Keep Smiling .... Hemant Agarwal

Ashish Yadav (General Secretary) 24 July 2013

Hemant sir, The management had shifted the township and we are forced to spend 2 hours daily for journey. Our point is that all the employees are mine workers, and the mines limit is only 01 kms from township. We are ready to report to the entrance gate by our own arrangement, from there It is managements duty to send us to our duty point in our 8 hours duty period.

Hemant Agarwal (ha21@rediffmail.com Mumbai : 9820174108) 25 July 2013

1. The crux here is that workers are not signing / login in on duty when you sit in inside the Bus. The duty signing /login in for duty commences at the mines, which coincides with the 8 hour duty.

2. IF you sign /login in for duty at the Entrace Gate, THEN the duty hours would be deemed to have been commenced. Since the Entrance Gate is not the actual point of Duty, the duty musters /registers cannot be kept at the entrance gate.

Your aforesaid argument will not stand in the eyes of law. You need to think of something else, coinciding with the issue.

Keep Smiling .... Hemant Agarwal