WhiteHatJr got the twitter account of a suicidal employee blocked for tweeting about the working condition.


Julian

om nom nom
Veteran
Which laws & regulations?

You might be mistakenly talking about Indian FACTORIES Act 1948 which talks about 48 hours per week for LABORERS.
perhaps referring CHAPTER VI WORKING HOURS OF ADULTS?

What we are discussing here is neither deemed as factories, and nor are we talking about laborers.
So basically private companies/MNCs can ask their employees to work any number of hours a week? With/without OT? And employees can't complain about it or they will be given the choice to resign (fired)?
 

calvin1719

Well-Known Member
Disciple
I'm sorry, how is a discussion of corporate culture or a discussion of abuse of due process for proxy-censoring criticism, "leaning towards socialism"?
 

Julian

om nom nom
Veteran
So basically private companies/MNCs can ask their employees to work any number of hours a week? With/without OT? And employees can't complain about it or they will be given the choice to resign (fired)?
@ssslayer waiting for clarification. I'm seriously confused about whether the labor laws are only for factory workers and don't apply to the rest of us
 

red dragon

Justiceforall
Veteran
What the **** is a physiatrist? Did he mean psychiatrist? The employers need shrink to remind them that his/ her employees are human too.
Just explain me this thing, how on earth something like Byju or whatever circus teaching program needs 15 hours a day job for everyone?
What are they doing exactly, teaching addition, subtraction, ABCD etc..not really rocket science. What do they do in 15 hours? Try to sell those stupid courses to parents?
 

rdst_1

Well-Known Member
Veteran
@ssslayer waiting for clarification. I'm seriously confused about whether the labor laws are only for factory workers and don't apply to the rest of us
From what I could find online, the only labor law which talks of appropriate working hours and overtime are - The Factories Act and The Shops and Establishments Act.

By the definition of the Acts, an IT company office can be construed to come under the Shops and Establishments act but I am not sure what are the legal precedents regarding this.

This seems to be a nice article on what seems to be a nice blog for employee rights in India
 

Julian

om nom nom
Veteran
This seems to be a nice article on what seems to be a nice blog for employee rights in India
"
Appropriate Working Hours and Overtime

All employees have a right to work in a safe workplace with basic amenities and hygiene.

The Factories Act provides and the Shop and Establishment Acts (statewise) protects the rights of the workers and non-workmen.

Under the most recent laws, an adult worker shall work over 9 hours per day or 48 hours per week and overtime shall be double the regular wages. A female worker can work from 6 am to 7 pm. This can be relaxed to 9.30 pm upon explicit permission, and payment for overtime and safe transportation facility. Apart from this weekly holiday, half an hour break and no more than 12 hours of work on any given day is mandated. The working hours for child workers are limited to 4.5 hours a day.

"
 

Mr.J

Well-Known Member
Adept
It's not just for labourers. It only says so because IT/white collar industry did not exist at that time (1948), apart from accountants and clerks which were few compared to workers who worked at factories, docks, godowns etc.
You're being gullible like other people I know who say 'oh it doesn't apply to us, we work in offices not factories'. The law definitely needs some upgrade to its wordings. Also the fine prescribed is very low because whatever amount was deemed appropriate in 1948 is now peanuts in 21st century.

There are also Minimum Wages Act (1948) and Contract Labour Act (1970) that I know are applicable.

Edit:
@ssslayer waiting for clarification. I'm seriously confused about whether the labor laws are only for factory workers and don't apply to the rest of us

This confusion (or in some cases arrogance that we're not factory workers, we work in AC offices) helps companies to exploit their employees cause they don't know where to look for help.
 

rdst_1

Well-Known Member
Veteran
This confusion (or in some cases arrogance that we're not factory workers, we work in AC offices) helps companies to exploit their employees cause they don't know where to look for help.

Well, from the wording of the law, the Factories Act definitely only applies on laborers employed at a manufacturing factory.
However, in India, case laws also get formed when a higher court sets a precedent with their judgements. So if there has been a judgement where the courts deemed these laws applicable for IT and other office workers, then from that day onwards, the laws will be applicable for all future cases as well.

Also, any implementation of any law cannot go against the basic rights afforded to us by the constitution. For example, the government itself wanted to strike down 'maternity leave' for it's female employees having a third child and it was deemed unconstitutional by the Supreme Court, no matter how much sense the law made.
 

ssslayer

Well-Known Member
Adept
Guys it all very simple in principle.
All transactions in a market economy (capitalism) occur between buyers and sellers.
The prices and all other terms are decided mutually by buyer and seller based on the market conditions and respective bargaining powers.

However, the factories act came about because it was observed that laborers do not have bargaining powers. And ever growing population always keeps the labor supply high compared to the demand, therefore they are always on a receiving end. Factories act aimed to improve labor working conditions, allowed them to form unions which aimed to increase their bargaining power (one दिहाडी laborer calling a strike will be immediately expelled and replaced vs 100 laborers calling a strike and stopping the entire factory operations).

All this is not applicable to skilled workers (yet). One skilled worker can be very different in terms of qualifications, abilities and therefore capabilities to do value addition compared to another. Hence, it is "felt" that these skilled workers have a bargaining power to individually negotiate their salaries and employment terms (in other words everyone can negotiate a different salary, leave policy, perks & benefits - two candidates applying for the same job).

All you working guys - it would be enlightening to know if your organization pays you uniformly.


I'm sorry, how is a discussion of corporate culture or a discussion of abuse of due process for proxy-censoring criticism, "leaning towards socialism"?
Because ultimately this thread wants the Govt to interfere in the employment market.
It is just the same as you may want Govt to interfere in food market to fix a minimum price for the farmer or ceiling price for consumer.
All part of Socialism - which I am not against. But please be clear of your stance.
 

calvin1719

Well-Known Member
Disciple
Because ultimately this thread wants the Govt to interfere in the employment market.
It is just the same as you may want Govt to interfere in food market to fix a minimum price for the farmer or ceiling price for consumer.
All part of Socialism - which I am not against. But please be clear of your stance.

Regulating capitalism and private industry does not equate to socialism.
 

Mr.J

Well-Known Member
Adept
Well, from the wording of the law, the Factories Act definitely only applies on laborers employed at a manufacturing factory.
However, in India, case laws also get formed when a higher court sets a precedent with their judgements. So if there has been a judgement where the courts deemed these laws applicable for IT and other office workers, then from that day onwards, the laws will be applicable for all future cases as well.
Well, as far as I know IT companies either come under factories act or shops and establishment act of respective state.
 

iPwnz

Brutally Honest
Veteran
Oh I'm sure he knew and actually prepared himself for it. Can't wait to see how the courts will judge.
 

alekhkhanna

Well-Known Member
Veteran
-----------------------------

HOLY MOTHERFUCKING HELL.


Free read. I think you may need to register.

These WhitehatJr guys are ****ING ASSHOLES.
 

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