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Shrinkar (Consultant)     14 June 2015

Shop act

My friend works in company having offices in various cities in India. He works in Mumbai office. His duties are mostly field duties - doing audits at clients place. As per his appointment letter his working days & time is as per location i.e. office where employee located . Some of company's offices in other cities have five & half days work week.Mumbai office works 5 days - Sat , Sun is off.   Recently his boss is asking him to work on Saturdays also. They do not give comp off. They pay some negligible amount as allowance. Some of his colleauges & very few other employees work on Saturday.

As per company policy employees with five days work week have lesser leaves & paid holidays compared to five & half days work week.

Is it exploitation of employee. What can he do about it. Please advise.

 

 



Learning

 3 Replies

Kumar Doab (FIN)     15 June 2015

 

You have posted that:

---“As per his appointment letter his working days & time is as per location i.e. office where employee located .”

The answer lies in itself.

 

---“ His duties are mostly field duties”

He may prepare his tour programme accordingly. Let his boss pass it as it is or make amendments in writing. If Boss does not ask for work on off days in writing, let him submit minutes in writing under proper acknowledgment with a copy to him. Then he may cover it in written work reports also with a copy to him.

 

The idea is to build irrefutable evidence and lay a claim for OT @double wages.

 

---“ They do not give comp off. They pay some negligible amount as allowance.”

The OT, compensatory off shall be governed by enactments applicable to the establishment e.g. Bombay Shops and commercial Establishments Act etc……………

The employee can not frame a policy that is inferior to the provisions of the enactments but can offer the superior provisions………………………as per negotiated settlement, standing orders etc……………..

 

Shrinkar (Consultant)     16 June 2015

Dear Kumarji,

Thanks for your detailed comments about each point.

About his work days - His company has not displayed or officialy communicated office hours. I believe is mandatory requirement. His Office has been working for 5 days a week for very long time. His intranet HR portal does mention him as Saturday/Sunday off employee.

About field duties he has enough evidences to show that he works on Saturdays. His field schdule , field reports, travel tickets , his expense cliam, his allowance etc. All this is approved by his boss.

About OT.

As per his company he is into management cadre. Will OT be applicable to him? His company follows Model Standing Orders. Are these applicable to management cadre employee?

Should he report these violations to his HR manager or directly to enforcement authority. I think shop inspector is the authority for commercial establishments.

Please advise

Warm Regards,

Shrinkar

 

Kumar Doab (FIN)     16 June 2015

 

You have posted that:

 

----“His intranet HR portal does mention him as Saturday/Sunday off employee.”

 

Download and attach the printed version with OT claim, (followed by email from person email id)  with a copy to self for future reference.

 

----“About field duties he has enough evidences to show that he works on Saturdays. His field schdule , field reports, travel tickets , his expense cliam, his allowance etc. All this is approved by his boss.”

 

If the filed schedule is prepared by employee, he may not include off days/holidays at all.

If off days/holidays are included by BOSS he may demand compensatory off/OT.

Let the BOSS decline in writing. He may escalate to good offices of appointing authority,MD and if required Inspector under Shops Act.

He may submit everything in writing under proper acknowledgment.

 

The idea is to build irrefutable evidence and lay a claim for OT @double wages.

Let the BOSS refuse in writing. He may download  

 

----“ As per his company he is into management cadre.”

 

Does Management’s declaration matter?

Management may claim even office boy in its company is an executive!

For application of Shops Act, Model Standing Orders the he should be covered by the def. of ‘Employee’ and ‘Workman’ respectively.

He may visit  an able Labor Law Consultant/Service Matters Lawyer/Law Firm dealing in Labor law matters, and the lawyer can ask him a set of structured questions and confirm he is covered or not.


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