Dear all,
Under Factories Act and Shops and Establishment Act, Whether the maximum working hours criteria will be applicable to Executives and managers who is earning more than Rs.20,000/- per month?
VIJAY
VIJAYAKUMAR (Asst.Manager Lega) 29 October 2011
Dear all,
Under Factories Act and Shops and Establishment Act, Whether the maximum working hours criteria will be applicable to Executives and managers who is earning more than Rs.20,000/- per month?
VIJAY
shrikant (LAW OFFICER) 29 October 2011
Yes
kameswarao S (Head HR) 29 October 2011
Employees in the cadre of Executive and Manager's expectation with respect to the annual increments and perks / incentives etc may be very high compare to the clerks / assistants / workmen, the respeonsibilities of these people will be high compare to the lower group hence they have to stretch and work on extended hours.
regards - kamesh
Kumar Doab (FIN) 29 October 2011
Some of the companies write the working days in a week and working hours in the appointment letter. It is believed that no company writes in appointment letter or does not mention in any circular that managers/executives have to stretch and work on extend hours.
If it is true that managers/executives have to stretch and work on extended hours, then can a company state so in writing? If yes then what communication can a company issue e.g. circular, office order etc? Can a company state so in standing orders, employee rule book etc?
Is there any law or citation available on this?
Kindly confirm. It shall help many.
sadruddin.s.khan (Director) 29 October 2011
Dear Shrikant,
Can you explain it in detail maximum hours factory head can work under the said act.
Regards
A.R.KUPPUSAMI (ADVOCATE) 29 October 2011
Mostly the executives and the managers are not come under the definition "employee" hence, the working hours as per Factories Act/Shops and Estt. Act will not attract against them
SURESH GODBOLE (ADVOCATE) 29 October 2011
Read the Act carefully
Whether the Executives and Mangers fall under the purview of the Factories Act
If they fall , all rules therein will be applicable
If they do not , the Act will not be applicable
If you find difficulty , type here the exact Rule which stipulates the Max hours norms with the definition of the Workers as defined there
State that the Executives or Managers fall or not fall under it : Give Reasons
You get the answer
If not All experts here will give you answers
0-9929596546
Kumar Doab (FIN) 31 October 2011
Learned experts/members have given valuable advice, made this thread informative and enriched the forum.
Kindly read the attachment and see the info at the link:
https://delhi.gov.in/wps/wcm/connect/doit_labour/Labour/Home/Shops+and+Establishments+Inspectorate/
https://www.indialawoffices.com/pdf/factoriessetup.pdf
https://www.worldlawdirect.com/article/910/overtime-calculation-hours-worked-law.html
https://www.vakilno1.com/bareacts/factoriesact/factoriesact.htm
Some companies issue guidelines by circular etc. that any employee if at all has to remain in office before or beyond office hours, or on off days/holidays, has to avail prior approval of local designated competent official which may be a Branch Manager/Cluster Manager/Regional or Zonal Manager. In such a case the employee has to make an entry in the register at the reception/with security staff.
Majority of the times it becomes an unwritten rule that managers/executives have to work for extended/stretched work hours, and is applied to even those employees who might have been assigned a decorated title of executive/manager e.g. private banks, telecom companies
A smart employee should deftly maintain record of clocked work hours.