Working 12 hours a day, daily for 5 weeks. What right do i have?


Our company makes us work more than 12 hours a day and we are working without a day's break since the past 5 weeks. We are working in a Pharma company and when we complain to the HR, we are asked to resign from the company in case we are unhappy.

 

We are working in the Quality control lab and are at junior levels wherein the managers leave at 5 pm but we are made to work till late night every day.

 

What are our rights and how do we get the company to treat us properly and give us our weekly offs?

 

Answer

 

Every State has got its own shops & establishment Act governing the service conditions of the employees working therewith. Even the Factories Act also stipulated the working hours which are almost equal to the provisions of the shops & establishment Act.

 

We will quote Section 8 of the Delhi Shops & Establishment Act, which is self explanatory regarind number of working hours a person can be asked to work in a day and in a week. This Act also provides that if the employer needs more than those working hours from the workers, he has to pay the overtime wages beyond the stipulated hours at double rate. If workers are asked to work on weekly offs, then also, the wages shall be double of the original wages.

 

All the employees working together and suffering must file a collective complaint to the Labour Inspector of your Area and he will inspect the premises and prevail upon the management to follow the laws of the land and for the payment of past dues, he will advise you to file recovery application before the Authority under the Shops & Establishment Act, which normally will be Deputy Labor Commissioner of the area.

 

THE DELHI SHOPS & ESTABLISHMENT ACT, 1954

 

8. Employment of Adults, hours of work

 

No adult shall be employed or allowed to work about the business of an establishment for more than nine hours on any day or 48 hours in any week and the occupier shall fix the daily periods of work accordingly: Provided that during any period of stock taking or making of accounts or any other purpose as may be prescribed, any adult employee may be allowed or required to work for more than the hours fixed in this section, but not exceeding 54 hours in any week subject to the conditions that the aggregate hours so worked shall not exceed 150 hours in a year:

 

Provided further that advance intimation of at least three days in this respect has been given in the prescribed manner to the Chief Inspector and that any person employed on overtime shall be entitled to remuneration for such overtime work at twice the rate of his normal remuneration calculated by the hour.

 

Explanation.- For the purpose of calculating the normal hourly wage the day shall be reckoned as consisting of eight hours.

 

Hope this clarifies your stand and rights.

 

 


Googling your legal issue online?

The internet is not a lawyer and neither are you.
Talk to a real lawyer about your legal issue.

Popular Labour & Service Lawyers

Advocate Sunil Kumar Bakshi
Sector-16, Faridabad
32 years Experience
Advocate Wg Cdr Ajit Kakkar (Retd)
Dwarka, Delhi
19 years Experience
Advocate Jai Shiv Darshan Giri
Santoshi Nagar, Ring Road Chowk, Raipur
14 years Experience
Advocate J. P. Rinwa
Swej Farm, Sodala, Jaipur
18 years Experience

Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at LawRato.com and has been responded by one of the Labour & Service Lawyers at LawRato.com to address the specific facts and details. You may post your specific query based on your facts and details to get a response from one of the Lawyers at LawRato.com or contact a Lawyer of your choice to address your query in detail.


Related Articles


"LawRato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."

Legal Services

15 Minutes Labour / Service Advice Session by Phone

4.8 | 476 ratings
Legal advice and answers from a local experienced advocate about your labour / service issue.
Document Review - Non Disclosure Agreement (NDA)

4.6 | 64 ratings
Review + 30 Min phone call - NDA review by a local experienced advocate
Document Review - Employment Agreement/Appointment Letter

4.8 | 191 ratings
Review + 30 Min phone call - Employement Agreement review by a local experienced advocate
Create an Employment Termination Letter

4.2 | 45 ratings
30 Min Intro call + Start to finish help - Termination Letter drafted by a local experienced advocate
Email to HR

4.4 | 46 ratings
15 Min Intro call + Start to finish help - Personalised email drafted by a local experienced advocate
Create a Non Disclosure Agreement (NDA)

4.6 | 73 ratings
30 Min Intro call + Start to finish help - NDA drafted by a local experienced advocate
Legal Notice for Recovery of Dues from Employer

4.8 | 421 ratings
30 Min Intro call + Start to finish help
Create an Employement Agreement

4.6 | 203 ratings
30 Min Intro call + Start to finish help - Employement agreement drafted by a local experienced advocate
Similar questions

Hello sir/madam My dad won his scale of 86 grade by court but management committee never paying the salary according to it. Is it lawful? They can do …

Read More

I was recruited through one corporate company in hyd actually there is a bond of 2.5 years but due their business deals the are sacking me just after …

Read More

I quit a PSU job at one month notice against standard 3 months notice that is required. The HR slapped a 03 months penalty in addition to 02 months ba…

Read More

I am working in Call Center from last one and half year. my designation is Sr. Process Trainer. Today my manager ask me to do instant resign due to pe…

Read More

Talk to a lawyer for your legal issue