About Target complete
9 months ago
Can a manager force woman employee to remain in office until the given target complete..? My wife working in microfinance company and every day manager of her branch asked to complete day to day target( sale of loans)and remain her at least upto 8pm(office time starts at 6am daily) sometimes she leave her office at 9pm..can a manager retain her until the given target gets complete? Her working time exceeds more than 10hrs daily..can I take legal action against the manager...Please advice me..
A.Dear client,
Indian law prohibits working of female employees beyond permissible hours after 7:00 PM/8:30 PM/9:30 PM/10:00 PM in factories & commercial establishments. Indian law also lays down maximum permissible hours of work as well overtime hours in a day/week. It is to be understood that working beyond permissible hours can only be on rare occasions and not a norm. Any deviation from this requires prior permission of Govt. Authorities. Such permissions are conditional and impose restrictions and duties on the employer aimed at ensuring security of female employees. Arranging for secured transportation to female employees working beyond permissible hours is mandatory. Non-adherence of such conditions attracts penalties. In case a female employee becomes a victim of crime against her body because of such negligence on the part of the employer, management of the employer is exposed to criminal penalties.
[I] Section 66(1)(b) of the Factories Act, 1948 has been declared as unconstitutional by the Madras & Gujarat High Court, as the same has been considered discriminatory and against Fundamental Right of equality enshrined under Article 15 of the Constitution. However, Kerala High Court has upheld the constitutionality. The Madras High Court laid down certain conditions for protection of women incase they are required to work beyond 10 PM, which includes protection against sexual harassment, separate transportation facility, separate canteen facility/restrooms, women to work in groups etc. However, Section 66 is valid in other states as on date preventing female employees from working after 7 PM in the evening till 6 AM in the morning.
[II] In case of commercial establishments the State Governments have been granting exemption to specific establishments or group of establishments, such as IT companies, Hotels, Media Companies etc., allowing them to engage female employees beyond permissible hours at night.
If you feel your wife is being overworked then ask her to file a complaint with the labour commissioner for legal recourse
Indian law prohibits working of female employees beyond permissible hours after 7:00 PM/8:30 PM/9:30 PM/10:00 PM in factories & commercial establishments. Indian law also lays down maximum permissible hours of work as well overtime hours in a day/week. It is to be understood that working beyond permissible hours can only be on rare occasions and not a norm. Any deviation from this requires prior permission of Govt. Authorities. Such permissions are conditional and impose restrictions and duties on the employer aimed at ensuring security of female employees. Arranging for secured transportation to female employees working beyond permissible hours is mandatory. Non-adherence of such conditions attracts penalties. In case a female employee becomes a victim of crime against her body because of such negligence on the part of the employer, management of the employer is exposed to criminal penalties.
[I] Section 66(1)(b) of the Factories Act, 1948 has been declared as unconstitutional by the Madras & Gujarat High Court, as the same has been considered discriminatory and against Fundamental Right of equality enshrined under Article 15 of the Constitution. However, Kerala High Court has upheld the constitutionality. The Madras High Court laid down certain conditions for protection of women incase they are required to work beyond 10 PM, which includes protection against sexual harassment, separate transportation facility, separate canteen facility/restrooms, women to work in groups etc. However, Section 66 is valid in other states as on date preventing female employees from working after 7 PM in the evening till 6 AM in the morning.
[II] In case of commercial establishments the State Governments have been granting exemption to specific establishments or group of establishments, such as IT companies, Hotels, Media Companies etc., allowing them to engage female employees beyond permissible hours at night.
If you feel your wife is being overworked then ask her to file a complaint with the labour commissioner for legal recourse
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