Dear Labour Lawyers, I have been working in a company for about a month now. The rule of the company is that I have to work from 10 AM to 10 PM 7 days a week for all weeks in a month. The salary is paid as a cheque around 25th of every month. I have requested for an appointment order and I have not received one to date. My colleagues have advice me that they have never received a contract or appointment order. I understand that if the company wants women employees to work after 8.30 they should provide transport. That is also not done by the company. Is this practice allowed under the labour law of India. I am interested in challenging this practice. Do I have any grounds for doing this? If I am challenging this what is the procedure. The is a private company that is into media and broadcasting.
No company can force an employee to work seven days a week.If it does it cna be proexecuted severralprivissions of labur laws.
Yes ,free transport is to be provided for women workmen at night shifts.
So lodge a complaint with the kabur commissioner so industrial dispute may be raised whereby the employer can be severely punished and awarded fine for indulging in unfair trade practice.
According to Section 51 of the Factories Act, one is not supposed to work for more than 48 hours in a week and under Section 59, not more than nine hours a day. The time worked in excess to these 48 hours and 9 nine hours would fall under overtime under the Act and would require the employer to pay such employees wages at the rate which is twice the ordinary wage.
In any case, the total number of hours of work in a week, including overtime, shall not exceed sixty and the total number of hours of overtime shall not exceed fifty for any one quarter. The employer has to make sure that no worker works more than 10 days without a rest day of 24 hours.
Breach of the provisions of the Factories Act is visited by penal consequences. Move a Complaint before the Labour Commissioner.
society cannot force employees to work 7 days a week
2) once a week holiday is required to be given to employees
3) further your employer is bound to give you appointment letter specifying terms and conditions of your employment
4) you cannot be forced to work 12 hours a day
5) send email to company to furnish you appointment letter
6) also call upon company to explain under what regulations employees are forced to work 12 hours day seven days a week
7) if company fails to reply contact a local lawyer and issue legal notice to company
Thank you all of you for providing the answers; in particular V. Srivastava and A. Sethi for providing detailed information and recommendation for follow up action. It is much appreciated. Dear V. Srivastava you recommended to move a complaint against he labour commissioner: How will I go about doing that? Did you mean to lodge a public grievance complaint through CPGRAMS at https://pgportal.gov.in/ . What are the likely outcome of this? If my employer comes to know about this and terminate me from my job or withdraw my salary? Would I be eligible for a compensation regarding this at a later stage. Dear A. Sethi: You recommended to write to the company requesting appointment letter and challenging the 12 hours 7 days a week through email and then through a lawyer. If my job is terminated by the employer or withhold my salary during this period. Will I be eligible for a compensation at a later stage? Furthermore, can my husband or father launch a public interest litigation against the companies practice since it is breaching most or all of the labour law. What evidences should I collect for a public interest litigation to be successful. Since I live in Mumbai and the company I am working is also in Mumbai; would you be willing or can you recommend an advocate to assist in this regard? Thanks in advance
If your job is terminated you are entitled to salary for period mentioned in appointment letter
2) appointment letter generally contains a clause regarding termination from services
3) if your employer refuses to pay your salary you can issue legal notice to employer to pay your salary
4) if company fails to pay file summary suit or winding up petition against company
No no, I did not meant that. You will have to approach the Labour Office in your town and move a written complaint before the concerned Labour Commissioner of your zone. He will give you an acknowledgement of the receipt of your complaint. Later he will take this up issue directly with your employer. Having said that, simultaneously with this, you can also lodge a public grievance complaint through CPGRAMS at https://pgportal.gov.in/.
To pursue this, you can also take services of an able local lawyer specialising in labour/service disputes.
Go to the nearest labour commissioner's office and lodge a complaint in writing .The rest would be taken care of by the labour court itself.
As per section 51 of the Factories act one is not supposed to work for more than 48 hours and not more than 9 hours a day. That is the statutory requirement that one has to follow. If time more than this is being taken by the employer then he is liable to pay over time.
If the provisions are note being complied with the complaint has to be filed before the labor commissioner.
1.Where is your Company located? Is it in India? If yes, then in which state?
2.Collect irrefutable evidence of the said working hours the Company is forcing all its employees to work for.
3. Send a complaint letter enclosing the said evidence to the Labour Commissioner under copy to the Labour Minister If you have employee's Union in your Company then through the said union or if you do not have any union then through any of the Unions having influence in your State. Mark a copy to the local press and also electronic medium o enable hem to make a reportage on the said matter.
4. While lodging the complaint, add the fact of non issuance of appointment letter by the Company.
5. Do not let your name to be known by anybody since the Company will pounce heavily on the employees once they come to know about the complaint and if they come to know about your said action, you shall be terminated immediately on some ground or other.
6. The Union can also lodge police complaints against the owner/MD of the Company for forcing the employees to work inhumanly by threatening them to be terminated if they refuse to work for 12 hours for the entire week.
7. If police refuses to act, he union can file a Writ Petition before the High Court against police inaction making the Labour Commissioner also as the additional party.
1. You through your union shall have to send the complaint letter to the Labour Commissioner as advised in my earlier post.
2. If you are identified and terminated, you can lodge the police complaint and file the Writ Petition as advised in my earlier post praying for substantial amount of compensation for the injustice done on you.
3. However, it will be prudent on your part to take steps collectively and not alone in common interest.
Thank you for the Answers. The company I am working for is in Mumbai, India in the field of Media and Broadcasting. Since joining I have sent multiple emails requesting my appointment letter or contract, however they haven't issued me one. I have understood from my colleagues that everything is verbal and they have not received a written appointment order or contract. Under the labour law applicable to media and broadcasting companies in Mumbai, is it a statutory requirement to issue written appointment order or contract showcasing hours of work, salary etc.? Advocate KK. Ganguly has suggested to file the complaint anonymously. Is it possible to complaint to the labour commissioner anonymously? Also can email communication, phone recording, copy of sign in sign out register etc. valid evidence. Will I receive any protection form the labour commission or the police if the company threatens me and my family with violence or stumping my career. If I am using an advocate to guide me through will I be also eligible to claim money I have spend dealing with the case? Thanks in advance
appointment letter has to be issued to employees
2)emails , phone recordings , sign out register are admissible in evidence
3)if you are threatened by your employer record the threats . file police complaint under section 506 of IPC for criminal intimidation
4)you can claim litigation costs but actual costs incurred are never awarded in legal proceedings
Insist that an appointment order be issued to you. Standing orders adopted by company would contain refernce to appointment letter.
Yes, all the correspondences, including electronic can be duly be used as an evidence.
Q. Will I receive any protection form the labour commission or the police if the company threatens me ?
Ans. No. You have to approach the Police to seek protection.
Cost of litigation, you can claim from your company. Also, you can seek damages for the lass suffered by you due to their breach.
1. I have never advised you to send complaint letter anonymously.
2. I have advised you to send the said said complaint through your Union or the most influential Union of your State. The complain will be lodged by the secretary of he said Union. Anonymous police complaints are not accepted by police and also is not accepted by the Court.
3. In such cases, complaints are lodged by Union secretaries to protect the actual complainant.
4. If you are detected and picked up for termination showing some reason, collect evidence to negate the false charge charge and then lodge a complain to the labour commissioner and then file a writ petition before the High Court as advised in my earlier post claiming damage.
5. Engage a local lawyer having expertise in his field. You are entitled to the cost to be incurred by you for approaching the Court seeking justice.
Is this practice allowed under the labour law of India. I am interested in challenging this practice. Do I have any grounds for doing this? If I am challenging this what is the procedure.
If the company, however it may be big or reputed, it has to follow the labor laws of the country and cannot deviate or violate the prevailing laws in this regard.
You can very well challenge the same if you are subjected to such draconian system of employment.
You can demand the employment offer letter and the terms and conditions, if not given you put down the papers and may take up the issue with the labor department.
What are the likely outcome of this? If my employer comes to know about this and terminate me from my job or withdraw my salary? Would I be eligible for a compensation regarding this at a later stage.
The employer may not risk himself by taking any such drastic step which would harm the welfare of the employees once again, he may call you for talks to negotiate the issue and close the same.
If my job is terminated by the employer or withhold my salary during this period. Will I be eligible for a compensation at a later stage? Furthermore, can my husband or father launch a public interest litigation against the companies practice since it is breaching most or all of the labour law. What evidences should I collect for a public interest litigation to be successful.
You can file a recovery suit to recover your salary with interest.
A PIL can be filed by anyone who is having interest in the subject matter affecting the public.
Under the labour law applicable to media and broadcasting companies in Mumbai, is it a statutory requirement to issue written appointment order or contract showcasing hours of work, salary etc.?
Under any law it is pertinent for the employer to give the offer letter with terms and conditions including the working hours etc properly stated in it.
Is it possible to complaint to the labour commissioner anonymously? Also can email communication, phone recording, copy of sign in sign out register etc. valid evidence. Will I receive any protection form the labour commission or the police if the company threatens me and my family with violence or stumping my career. If I am using an advocate to guide me through will I be also eligible to claim money I have spend dealing with the case?
Since you are an affected person you can write it on your own name itself.
There is nothing wrong in lodging the complaint against the company on your name itself
Dont go for anonymous complaints because it may not be received properly by the authorities.