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Overtime
4 years ago
I work in a private company and due to the current pandemic situation I have been doing work from home.
My working hour is 8 hours a day but recently my employer is demanding me to work 2 more extra hours daily. They want me to work for 10 hours a day from now on.
So, my question is:
Can I be forced to work overtime? or Do we have a choice to deny their demand? I'm also afraid that if I deny their demand, I might lose my job.
A.Dear Sir,
It is not your individual problem but a problem being faced by majority of your people. After MNCs entered into to India the young people lost their voice, no labor unions, no voice raising, over night terminations, no labor law apply. Any way read about your rights and remedies in the following link. Please give me Rank 5 if you feel my answers also helped you. You may approach the Labor commissioner as follows.
=======================================================
Employment Lawsfor Multinational Companies in India
https://singhania.in/wp-content/uploads/2019/08/Employment-Law-Primer-For-Multinational-Companies-In-India-2019.pdf
Section 12 in The Industrial Disputes Act, 1947
12. Duties of conciliation officers.-
(1) Where any industrial dispute exists or is apprehended, the conciliation officer may, or where the dispute relates to a public utility service and a notice under section 22 has been given, shall hold conciliation proceedings in the prescribed manner.
(2) The conciliation officer shall, for the purpose of bringing about a settlement of the dispute, without delay, investigate the dispute and all matters affecting the merits and the right settlement thereof and may do all such things as he thinks fit for the purpose of inducing the parties to come to a fair and amicable settlement of the dispute.
(3) If a settlement of the dispute or of any of the matters in dispute is arrived at in the course of the conciliation proceedings the conciliation officer shall send a report thereof to the appropriate Government 1 or an officer authorised in this behalf by the appropriate Government] together with a memorandum of the settlement signed by the parties to the dispute.
(4) If no such settlement is arrived at, the conciliation officer shall, as soon as practicable after the close of the investigation, send to the appropriate Government a full report setting forth the steps taken by him for ascertaining the facts and circumstances relating to the dispute and for bringing about a settlement thereof, together with a full statement of such facts and circumstances, and the reasons on account of which, in his opinion, a settlement could not be arrived at.
(5) If, on a consideration of the report referred to in sub- section (4), the appropriate Government is satisfied that there is a case for reference to a Board, 2 Labour Court, Tribunal or National Tribunal,] it may make such reference. Where the appropriate Government does not make such a reference it shall record and communicate to the parties concerned its reasons therefor.
(6) A report under this section shall be submitted within fourteen days of the commencement of the conciliation proceedings or within such shorter period as may be fixed by the appropriate Government: 3 Provided that, 4 subject to the approval of the conciliation officer,] the time for the submission of the report may be extended by such period as may be agreed upon in writing by all the parties to the dispute.]
It is not your individual problem but a problem being faced by majority of your people. After MNCs entered into to India the young people lost their voice, no labor unions, no voice raising, over night terminations, no labor law apply. Any way read about your rights and remedies in the following link. Please give me Rank 5 if you feel my answers also helped you. You may approach the Labor commissioner as follows.
=======================================================
Employment Lawsfor Multinational Companies in India
https://singhania.in/wp-content/uploads/2019/08/Employment-Law-Primer-For-Multinational-Companies-In-India-2019.pdf
Section 12 in The Industrial Disputes Act, 1947
12. Duties of conciliation officers.-
(1) Where any industrial dispute exists or is apprehended, the conciliation officer may, or where the dispute relates to a public utility service and a notice under section 22 has been given, shall hold conciliation proceedings in the prescribed manner.
(2) The conciliation officer shall, for the purpose of bringing about a settlement of the dispute, without delay, investigate the dispute and all matters affecting the merits and the right settlement thereof and may do all such things as he thinks fit for the purpose of inducing the parties to come to a fair and amicable settlement of the dispute.
(3) If a settlement of the dispute or of any of the matters in dispute is arrived at in the course of the conciliation proceedings the conciliation officer shall send a report thereof to the appropriate Government 1 or an officer authorised in this behalf by the appropriate Government] together with a memorandum of the settlement signed by the parties to the dispute.
(4) If no such settlement is arrived at, the conciliation officer shall, as soon as practicable after the close of the investigation, send to the appropriate Government a full report setting forth the steps taken by him for ascertaining the facts and circumstances relating to the dispute and for bringing about a settlement thereof, together with a full statement of such facts and circumstances, and the reasons on account of which, in his opinion, a settlement could not be arrived at.
(5) If, on a consideration of the report referred to in sub- section (4), the appropriate Government is satisfied that there is a case for reference to a Board, 2 Labour Court, Tribunal or National Tribunal,] it may make such reference. Where the appropriate Government does not make such a reference it shall record and communicate to the parties concerned its reasons therefor.
(6) A report under this section shall be submitted within fourteen days of the commencement of the conciliation proceedings or within such shorter period as may be fixed by the appropriate Government: 3 Provided that, 4 subject to the approval of the conciliation officer,] the time for the submission of the report may be extended by such period as may be agreed upon in writing by all the parties to the dispute.]
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Ayantika Mondal @ Prime Legal
Responded 4 years ago
A.Hi,
Legally NO, but this may affect your performance and other issues.
You may humbly explain the reason for not able to give extra time.
Legally NO, but this may affect your performance and other issues.
You may humbly explain the reason for not able to give extra time.
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