hey frnds,
i have a query regarding labour laws legislation.
Query-Are there any restrictions in any labour law legislations that an employee can’t work beyond his/her office hours?
To elaborate more, in IT Company, can the Company insist some employees to work beyond their normal office/shift timings to complete certain specific projects? If yes, what are the rights of employees and obligations of company in these cases?
Labour laws states that - no worker shall be required / allowed to work in factory for more than 48 hours in any week. Maharashtra Government IT Policy provides certain relaxation in working hours, work shifts and employment of women. However I am unable to find any such clear cut exemptions.
In many organizations, all employees work much more than 48 hours a week. Does this mean that employees can work continuously without availing leave? And how far can an employee accrue his/her leave? And whether the Company can enforce ‘no leave’ until project is finished?
Please revert with suggestion(s); citation of labour law / case law applicable, if any.
Regards
Shivani
From United States, Dearborn
i have a query regarding labour laws legislation.
Query-Are there any restrictions in any labour law legislations that an employee can’t work beyond his/her office hours?
To elaborate more, in IT Company, can the Company insist some employees to work beyond their normal office/shift timings to complete certain specific projects? If yes, what are the rights of employees and obligations of company in these cases?
Labour laws states that - no worker shall be required / allowed to work in factory for more than 48 hours in any week. Maharashtra Government IT Policy provides certain relaxation in working hours, work shifts and employment of women. However I am unable to find any such clear cut exemptions.
In many organizations, all employees work much more than 48 hours a week. Does this mean that employees can work continuously without availing leave? And how far can an employee accrue his/her leave? And whether the Company can enforce ‘no leave’ until project is finished?
Please revert with suggestion(s); citation of labour law / case law applicable, if any.
Regards
Shivani
From United States, Dearborn
Hi,
IT companies are registered and function in India by Indian laws.
Every organization is governed by one of the two statutes as far as your query is concerned-Factories Act 1948 and Bombay Shops & Commercial Establishments Act in Maharashtra (or a similar legislation applicable tp the particular State).
Both laws have elaborate provisions covering matters like total working hours per day/per week, work relays (spread over), overtime payments-if permissible without obtaining exemption from working hours provisions etc. Also, if any permanent exemptions from certain provisions are possible and under what conditions. (This factual information in respect of any particualr organization can be obtained from the Office of the Commissioner of Labour in your city/state)
What happens, in fact, in IT companies is indeed shocking in many cases!
If you are unable to find relevant information or have more specific/focussed query, mail!
Regards
samvedan
July 21, 2006
From India, Pune
315IT companies are registered and function in India by Indian laws.
Every organization is governed by one of the two statutes as far as your query is concerned-Factories Act 1948 and Bombay Shops & Commercial Establishments Act in Maharashtra (or a similar legislation applicable tp the particular State).
Both laws have elaborate provisions covering matters like total working hours per day/per week, work relays (spread over), overtime payments-if permissible without obtaining exemption from working hours provisions etc. Also, if any permanent exemptions from certain provisions are possible and under what conditions. (This factual information in respect of any particualr organization can be obtained from the Office of the Commissioner of Labour in your city/state)
What happens, in fact, in IT companies is indeed shocking in many cases!
If you are unable to find relevant information or have more specific/focussed query, mail!
Regards
samvedan
July 21, 2006
From India, Pune
Find answers from people who have previously dealt with business and work issues similar to yours - Please Register and Log In to CiteHR and post your query.
No more working till late hours.doc
Working Hours.pdf