In my factory union (on behalf of majority of workmen) is requesting us for running factory continuously for 20 days so that they could accumulate their weekly off and avail weekly off alongwith forthcoming diwali holidays. For the same they are also ready to forward their written request to Mgmt. as well as to the Labour Deptt.
We know that as per FA-48 we have to give weekly off with in 10 days.
For checking absenteeism (after the festival) Mgmt. too is showing interest for clubbing weekly offs with diwali holidays.
My question is that can we do this ? if yes under which rule of the relevant act and to which enforcement authority we have to inform
Legal experts kindly advise.
Regards,
JITEN
From India, Calcutta
We know that as per FA-48 we have to give weekly off with in 10 days.
For checking absenteeism (after the festival) Mgmt. too is showing interest for clubbing weekly offs with diwali holidays.
My question is that can we do this ? if yes under which rule of the relevant act and to which enforcement authority we have to inform
Legal experts kindly advise.
Regards,
JITEN
From India, Calcutta
24
Dear Friend,
Your query certainly contravens the Factories Act.Even if you go to take permission from factory inspector you will not get any permission to do so.
The Union in your company knows this & they are giving this carrot to you to act & make mistake.So do not fall in this Trap.
The Best solution in this case would be to deal the case on individual basis.You will not break the rule & still you can give the OFF if the supervisor or Dept head of concern workers sanction the leave.
The above is my opinion & you can work your strategy in & around of my opinion accordingly.
Regards,
with
From India, Mumbai
Your query certainly contravens the Factories Act.Even if you go to take permission from factory inspector you will not get any permission to do so.
The Union in your company knows this & they are giving this carrot to you to act & make mistake.So do not fall in this Trap.
The Best solution in this case would be to deal the case on individual basis.You will not break the rule & still you can give the OFF if the supervisor or Dept head of concern workers sanction the leave.
The above is my opinion & you can work your strategy in & around of my opinion accordingly.
Regards,
with
From India, Mumbai
Dear Dhameja
I do respect to ajsaheeb's reply, as per the act it is right, and union may try to take the chance.
presently i do not have trade union, we have internal union which operates by the Mangnt. so i could do this.
if it is difficult to do it then dont do it. it may creat problme for orgnations.
Thank you,
Prashant
From India
I do respect to ajsaheeb's reply, as per the act it is right, and union may try to take the chance.
presently i do not have trade union, we have internal union which operates by the Mangnt. so i could do this.
if it is difficult to do it then dont do it. it may creat problme for orgnations.
Thank you,
Prashant
From India
Dear Dhameja,
You cannot contravene provisions of Sec52 of Factories Act.
What i can suggest is:
First see how may worker will not have a weekly off in the respective days. They all needs to be given one day off, so try to prepone their weekly off (you can always do that as FA dosent stop you from that but you have to inform the authorities for the same) in a fashion that all those have leave on day after diwali. This way you will not be contravening provision of the act.
You cannot contravene provisions of Sec52 of Factories Act.
What i can suggest is:
First see how may worker will not have a weekly off in the respective days. They all needs to be given one day off, so try to prepone their weekly off (you can always do that as FA dosent stop you from that but you have to inform the authorities for the same) in a fashion that all those have leave on day after diwali. This way you will not be contravening provision of the act.
Greetings,
I have a query. :?:
An Employee was given a raise in terms of position and pay. His new profile was shown as 'Acting' and not confirmed for 3 months.
He had NOT taking his weekly off on his on accord; he wasn't requested by the company in writing or verbally.
He chose to resign within a month of his raise. Now, he is demanding his weekly off's even of the past month where he was asked to take his off's but didn't.
Also he has resigned from his NEW position where he was not confirmed and the company has rejected the claim to his new position since he didn't complete even one month.
What can be done in the same case? :!:
Thankyou
From India, Mumbai
I have a query. :?:
An Employee was given a raise in terms of position and pay. His new profile was shown as 'Acting' and not confirmed for 3 months.
He had NOT taking his weekly off on his on accord; he wasn't requested by the company in writing or verbally.
He chose to resign within a month of his raise. Now, he is demanding his weekly off's even of the past month where he was asked to take his off's but didn't.
Also he has resigned from his NEW position where he was not confirmed and the company has rejected the claim to his new position since he didn't complete even one month.
What can be done in the same case? :!:
Thankyou
From India, Mumbai
since the company had not undergone any agreement on the weekly off's payment , you can aviod him and give him a strong written legal notice repeating the management potion .
but the rejection for the new post by the company is wrong. even though the person didnot completed a month the company by itself had raise the post and salary.
From India, Hyderabad
but the rejection for the new post by the company is wrong. even though the person didnot completed a month the company by itself had raise the post and salary.
From India, Hyderabad
Community Support and Knowledge-base on business, career and organisational prospects and issues - Register and Log In to CiteHR and post your query, download formats and be part of a fostered community of professionals.
Weekly compliance Bulletin - 24.pdf