Regarding working hour in work place
5 years ago
Dear sir,
I am working in AIIMS Patna as technical assistant ,I am in contract through an agency I have general duty from 9-5 but most of the time my working hours exceed 8 hours.and there is no over time compensation in this scenario what is my right can I get over time compensation and how kindly help
ROBERT D ROZARIO
Responded 5 years ago
A.Serve a legal notice to your employer of such discrimination and non payment for overtime under Anti-Discrimination and Equality Act, 2016.. You can raise your complaint u/s 37 of the Act before your State Equality Commissioner and follow the procedure. Engage a lawyer from Vidhikarya.
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A.Dear Madam,
You can make a representation to your employer for overtime pay or compensation. Then approach labor commissioner for resolving your issue.
You can make a representation to your employer for overtime pay or compensation. Then approach labor commissioner for resolving your issue.
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A.Look when you are hired by an agency and deputed to work somewhere then for overtime the agency is responsible to pay and you must raise a concern with the agency. I am sure that the employing agency must be raising bills for overtime to AIIMS. You speak to your employer and seek clarity. AIIMS is no where responsible for this and your original employer is bound to provide you the payment for overtime.
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Ambrose Leo
Responded 5 years ago
A.What is the contract of the Agency terms & conditions, If you are recruted through the agency you can not claim from your employer.You get your right only when your are regularised or taken into the roll of the AIIMS.
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Deepak Yashwantrao Bade
Responded 5 years ago
A.You have full right to get proper overtime payment. Under Sec. 14 of the minimum wages Act mentions that any worker whose minimum rate of wages are fixed with wage period of time, such as by hour, by the day or by any such period and if a worker works more than that number of hours, it is considered to be overtime. In case if the number of hours constituting a normal working day exceeds the given limit, then the employer will have to pay him for every hour or for part of an hour for which he has worked in excess at the overtime rate.
As per the Act it is compulsory to maintain registers and records as Register of Overtime –Form IV. This Register of Overtime contains various details such as name of employee, hours of overtime, date and other such details which are necessary for the records.
Contravention of any provisions pertaining to fixing hours for normal working day etc., will be punishable with imprisonment upto 6 months or with fine upto Rs.500.
As per the Act it is compulsory to maintain registers and records as Register of Overtime –Form IV. This Register of Overtime contains various details such as name of employee, hours of overtime, date and other such details which are necessary for the records.
Contravention of any provisions pertaining to fixing hours for normal working day etc., will be punishable with imprisonment upto 6 months or with fine upto Rs.500.
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Rameshwar Dadhe
Responded 5 years ago
A.By advocate Rameshwor dadhe dear sir you should approach to the labour commissioner and register your complaint against the company
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