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What to do the employer did not tell me about the working hours
03-Jul-2023 (In Labour & Service Law)
We use an application which is called the 'Time doctor'. This application is a desktop application and time is calculated on this software. The moment you are away for more than 2-3 mins, the clock stops. So in a literal sense, the company is asking me to stay in front of the PC for 8 hours straight. Now, I spend 9 hours in the office, 3 hours of traveling. I thought 9 hours with normal tracking mechanism, bio-metric or something like that. Nothing was mentioned in the offer letter about this software. The company is asking me to complete 8 hours on time doctor. However, traveling makes 3 hours a day. Total it takes 3+9 hours for office work and even when I do that, I am unable to complete the time doctor hours. The company is taking a toll on me. Nothing was told to me before joining. How do you think I should be proceeding?
As per the Factories Act 1948, every adult (a person who has completed 18 years of age) cannot work for more than 48 hours in a week and not more than 9 hours in a day. According to Section 51 of the Act, the spread over should not exceed 10-1/2 hours.
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Adv. Divya Mathews
Mumbai | 25+ Answers
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This is my response to you:
1. If no such software or working hours (as per the Application) was mentioned in offer letter then you can file a complaint;
2. You should then file a formal complaint in the HR department;
3. If they don't respond well then send a legal notice;
4. You could resign on the grounds that such application was not mentioned to you and it is difficult for you to keep up with it;
5. Before that read all the employee bonds or terms & Agreements you have signed.
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Adv. Gowaal Padavi
Mumbai | 1000+ Answers
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firstly have to go through the company norms.. Working hours not included travel or journey to wards office.
Also have to intimate that the software need to be updated latest which calculate the working hours not prance of person physically before pc.
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