Am i getting justice?
1 year ago
I have been working as a sales person in a private company. My shift timing is 8.5 hours. And sometimes they make me stay after my shift hours. Like if if my shift is 11:30am - 8pm sometimes they make me stay till 11pm and or 12pm. Is is legal for women to stay at store in night?
Also they are not paying anything for overtime.
They are saying that i have to work for min. 4 hours extra to get half day complimentary off.
So if i work for 2-3 hours extra i get nothing. Is it legal?
And sometimes i have to work from 6am to 12pm.
I.e, traveling to another city and do sales.
And all of this affects my health.
And the company only provides 1.5 leave every month. There is no other leave like casual leave or sick leave of paid leaves.
Also, they pay my salary at 10th of every month.
Is that okay?
Also i have been verbally Harassed by an employee few times and they have done nothing. And they put my personal no. On social media for marketing and i got cheap calls and video calls.
I want to leave but they cut an amount from my salary as security. And i cannot get it before 1 year of service. It was a contract on A4 paper.
Can i file a case against them?
Individually u can't fight against your employer. At the most u may approach the following authority to set right the anomalies.
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Please approach the following authority or similar authority in a state
The Office Commissioner of Labour
Karmika Bhavan, Dairy Circle,
Bannerghatta Road, Bangalore-29.
080-29753078
[email protected]
Addresses of Labor Inspectors in Bengaluru in different locations
https://karmikaspandana.karnataka.gov.in/page/Contact+Us/Labour+Inspector/en
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Section 12 in The Industrial Disputes Act, 1947
12. Duties of conciliation officers.- (relevant section 12(2) of ID Act)
(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 conciliationofficer 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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