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Employment Laws in India

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  • Employment Laws in India

    Before I start, its a request to all to please stick to the topic and post sensibly. Its a sensitive and very debatable issue.

    It has always amazed me to know that large number of employees in India work more than 48 hours/week (the legal national limit) and are hardly paid double the normal rates for overtime (an employee is eligible to get paid double rates for the amount of time he/she works overtime in your office) and this seems to be no issue for the people doing the job in any big or small company. I know that my mates do find it difficult and frustrating to work from 9 to 9 but they dont even bring this up to the administration.

    Now I know its hard to stand up against your boss or seniors, but today's private firms I think are more open to help and advice its employees. I also know that there is no institute which governs and monitors "employment law" in India and even if there was, it wont be off much help when it comes to legal advice and assistance for an Individual. This makes me rise a question to the businessmen in forum as well, that how important it is for them to respect their employee's basic working rights?

    I am dead sure most of you must be in a job right now which wants to you to stay back even for whole night in the office, if they want you to for their own reasons. I know people from Infosys for example, and the work pressure there is pethatic, inspite of being an ISO 9001:2008 and NASDAQ listed company.

    I wouldn't understand if you would say to me that its all good coz, that what make us the most hardworking people on the planet and we well compete china and other countries in labour force that ways, coz I personally think you really cant take out a constructive work labour from a person if he/she in a same environment for 90% of his day.

    And just to add another fact, I have read that a worker can take a day off in a week any day, whenever he wants to without being questioned by his employer what so ever. Now all these laws and rights sound so good and in favour of a worker in books but in reality I know you can piss off your boss if you come late by 15 mins even for a day in a month.

    I have too much to input but cant really construct a flow in my post, so I am open for a discussion and yes, there is a poll as well.
    30
    less than 40 hrs (8 hrs/day)
    23.33%
    7
    41-50 hrs (9-10 hrs/day)
    60.00%
    18
    50+ hrs
    16.67%
    5
    www.motorcykle.in - The lighter side of motorcycling

  • #2
    Topic approved.

    A very good and sensible topic Abhi. I'll post my 2 cents in a short while.
    (Been There Done That) x 3.25

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    • #3
      I've voted less than 40 for the present situation I'm working; but I'm sure to be in all 3 categories at different point in time.
      Skill is what keeps you on a Motorcycle
      Awareness + Skill is what keeps you out of harm's way
      ATGATT + Awareness + Skill means you might Live To Ride another day

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      • #4
        Originally posted by sunilg View Post
        Topic approved.

        A very good and sensible topic Abhi. I'll post my 2 cents in a short while.
        Thanks Sunil, would want to know what you have to say on this.

        And just to add another fact, I have read that a worker can take a day off in a week any day, whenever he wants to without being questioned by his employer what so ever.
        I may have put this wrong. Couldn't find a reliable info from Indian gov. sites on this part.
        www.motorcykle.in - The lighter side of motorcycling

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        • #5
          And just to add another fact, I have read that a worker can take a day off in a week any day, whenever he wants to without being questioned by his employer what so ever.
          This may or may not be in the rule books of Govt; but one thing you're sure to find in the employee's handbook (not sure how many are aware & how many read it). It goes to mean that any leave is to be approved by manager OR continuous absence from work for 7 consecutive days is treated as absconding or quit OR an employee MUST inform the supervisor about the leave he's about to take in case of emergency.

          So I guess the employee handbook over rules the Govt laws!!!
          Skill is what keeps you on a Motorcycle
          Awareness + Skill is what keeps you out of harm's way
          ATGATT + Awareness + Skill means you might Live To Ride another day

          Comment


          • #6
            Originally posted by aargee View Post
            This may or may not be in the rule books of Govt; but one thing you're sure to find in the employee's handbook (not sure how many are aware & how many read it). It goes to mean that any leave is to be approved by manager OR continuous absence from work for 7 consecutive days is treated as absconding or quit OR an employee MUST inform the supervisor about the leave he's about to take in case of emergency.

            So I guess the employee handbook over rules the Govt laws!!!
            ya, I think its a valid rule/policy from companies and is or should be part of Indian law.

            Few reference websites I am looking into, clearly mention all the employment laws in India

            India Trade, Indian Employment Law, India Work Permits, India Pakistan Trade Unit
            International Employment Law “Quick Facts”: India | International HR Forum

            c
            www.motorcykle.in - The lighter side of motorcycling

            Comment


            • #7
              Well, on an average i work around 50 hours a week, If i work the 6th day (another 10 hours) then my employer gives the liberty to take any working day off (or a meager amount of 400 Rs.)

              So I'm happy to over work & thankfully be able to add up my compensatory offs and ride long
              Photo Gallery[/B]

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              • #8
                Nice topic this.

                I'm pretty sure the Labour Laws in Inida aren't put into pratice for reasons best known to the governments & companies.
                It is also a right & duty of employees to be aware of such laws, and I hope atleast this thread brings out some awareness in this regard.

                Regarding labour laws, I have heard that the UK government has framed some very nice laws, protecting interests of the workforce.
                For instance, when I was at one of our MNC Investment Banking clients, I learnt that in the UK, a female employee is entitled to a minimum of 26 weeks of maternity leave. And this with I think 6 months being paid leave, next 3 months at 75% pay & so on. (I might be wrong with the numbers here, but the idea is right).
                Whereas here in India, its only about 2-3 months of paid leave, & unpaid leave after that.

                My views on the YZF-R15 V2.0: http://www.xbhp.com/talkies/news/198...tml#post699240

                The pleasure is when your rear wheel slides, and you bring it back; and when the front wheel lifts, you take your time bringing it back.

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                • #9
                  Originally posted by tibby View Post
                  Regarding labour laws, I have heard that the UK government has framed some very nice laws, protecting interests of the workforce.
                  For instance, when I was at one of our MNC Investment Banking clients, I learnt that in the UK, a female employee is entitled to a minimum of 26 weeks of maternity leave. And this with I think 6 months being paid leave, next 3 months at 75% pay & so on. (I might be wrong with the numbers here, but the idea is right).
                  Whereas here in India, its only about 2-3 months of paid leave, & unpaid leave after that.
                  We shouldn't actually bring in the western countries work culture here in this thread coz it will seems pointless and uninfluenced to most of us because it is exceptionally good and is practised fairly by all companies, but now as you have mentioned so I will just add to it.

                  1. Maternity leaves are fully paid, though I am not sure about the period but it wouldn't be any less than 3 months.

                  2. You can take a day off, any day in a week if its a "sick leave" by just telephoning your manager in the morning or informing day before and you wouldn't be questioned for anything however they might request
                  www.motorcykle.in - The lighter side of motorcycling

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                  • #10
                    Fantastic topic. I quit because of this and I am now seriously considering teaching as a profession.

                    Don't blame Employers pulsater, blame employees. It's we guys who are bringing it upon ourselves. 7/10 people who overwork do so willingly. Why=Money.

                    Indians are seeing few bucks, sundry electronic gadgets and a semblance of material affluence in the past 10-15 years. They want more and some would say whats wrong in that? Well, whats wrong in being a wannabe?

                    People don't come before 10 and nobody stays back after 6 because they belong to more EVOLVED cultures, where life has different aspects and career, money is powering different aspects. Unlike in India where career and work clouds everyother dimension of life.

                    I could go on. Whats the point... It will take atleast a generation to reverse this trend.
                    A lone amateur built the ark. A large group of professionals built the Titanic...

                    Comment


                    • #11
                      @Pulsater: Since you have taken the Infosys example, I would like to say one thing. The work out there is quite abrupt. At one point of time you are struggling day and night on a project and then after it is all over, the next half a year you are all to yourself, no questions asked. I guess that balances out the equation. But then again, I agree, the work environment, all over India, was never congenial towards the employee...
                      " I'd rather be hated for who I am, than loved for who I am not" - Kurt Cobain

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                      • #12
                        Originally posted by NitinGirish View Post
                        Don't blame Employers pulsater, blame employees. It's we guys who are bringing it upon ourselves. 7/10 people who overwork do so willingly. Why=Money.
                        you might have a point here. People DO willing work over time for money, but what about those who are on fixed salary but don't work on fixed hours?

                        Originally posted by kurtrules View Post
                        @Pulsater: Since you have taken the Infosys example, I would like to say one thing. The work out there is quite abrupt. At one point of time you are struggling day and night on a project and then after it is all over, the next half a year you are all to yourself, no questions asked. I guess that balances out the equation. But then again, I agree, the work environment, all over India, was never congenial towards the employee...
                        ya, i know. My gf in infosys was "on bench" for 3 months after training but now she is working on British Petroleum project flat out day and night. Also, one thing which is way out of my understanding is that loads of employers want you "physically" to be there in the office even if there's no work to be done and you have nothing to do but change your status on FB.

                        Few factors in my opinion which does affects the working behaviour in few private sectors like BPOs and call centres is the geographical location of Indian subcontinent. Day time zone of UK and US governs the working hours of many people back in India but that can easily exploit your working hours and stretches it per day without being acknowledged by your company or supervisor.
                        www.motorcykle.in - The lighter side of motorcycling

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                        • #13
                          Originally posted by pulsater View Post
                          you might have a point here. People DO willing work over time for money, but what about those who are on fixed salary but don't work on fixed hours?
                          Like they say in economics, in long run everything is variable The thinking is if you stay put in office for 12-13 hrs a hefty increment can be expected. An ex-colleague of mine used to drag the cursor from one end of the screen to another but wouldn't leave before 9PM
                          A lone amateur built the ark. A large group of professionals built the Titanic...

                          Comment


                          • #14
                            Let me put up my story here. I work for as MNC which is headquartered at Japan. It is an automotive body side tooling supplier group. First thing i hate with this employer is the ridiculously low wages. (I dont know whether it is ok to put up numbers here) After 2.5years of working with these guys, i still get less than what my classmate got as his starting pay.
                            The work is usually 9hrs a day, for 5days a week. But when work piles up, we have to work about 10 to 12hrs a day and may be 7 days a week. No overtime wages for weekdays. Week end or holiday overtime is just 100/- bucks for 8hrs or 50/- bucks for 4hrs, with a possibility of using the compensation leave facility. But as the story goes, there is always some kind of work which does not allow to use the compensation which gets lapsed in 3months.
                            Annual bonus or project incentive is a big joke.
                            I am seriously looking for a better job, with a better employer. I dont wanna stick with these guys who treat us like machines.

                            Comment


                            • #15
                              Originally posted by _keerthy View Post
                              Let me put up my story here. I work for as MNC which is headquartered at Japan. It is an automotive body side tooling supplier group. First thing i hate with this employer is the ridiculously low wages. (I dont know whether it is ok to put up numbers here) After 2.5years of working with these guys, i still get less than what my classmate got as his starting pay.
                              The work is usually 9hrs a day, for 5days a week. But when work piles up, we have to work about 10 to 12hrs a day and may be 7 days a week. No overtime wages for weekdays. Week end or holiday overtime is just 100/- bucks for 8hrs or 50/- bucks for 4hrs, with a possibility of using the compensation leave facility. But as the story goes, there is always some kind of work which does not allow to use the compensation which gets lapsed in 3 months.
                              Annual bonus or project incentive is a big joke.
                              I am seriously looking for a better job, with a better employer. I dont wanna stick with these guys who treat us like machines.
                              this is what I am EXACTLY talking about. An employee is NOT a puppet or need NOT to work under such gruelling time schedule without being acknowledge. If I was you keerthy, I would not give my productive time for even a single more minute to your existing company. When you secure a new job, try talking about your "rights" with your current company which has been laughing all about it and I am sure your other colleagues are suffering too.

                              PS: did you signed any employment contract in the beginning with your company which clearly said what would be your working hours and future pay rise etc etc
                              www.motorcykle.in - The lighter side of motorcycling

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