Yes you can send a legal notice to them and proceed with the action what you feel like
Hi, I work in an IT industry. And i am writing this on behalf of one of my colleague. It goes like this, he has been overworking from ages.. And despite telling that he doesn't have bandwidth to do, management are not listening and exploiting him badly. as a result, hes started now having health deteriorating. I just wanted to know if this can be handled legally if personal request sre getting ignored
Ask him to leave the job and for over time, he can approach labor court for remuneration and compensation.
Hes not at some junior role and quite an old employee. Its not easy just to switch with matching salary. Job has to be retained till he find another but before that this exploitation process need to end.. Its not been followed as entire organization. Its some people joined new in some account who are practicing this. I don't know how to bring that to notice.
Than start searching for new and once get the offer,quit. Till than complain to higher management. And protest agasint oppression.
He can serve a legal notice for overwork can seek regular hours of working and compensation for overwork. Also he can resign and can search for better work opportunities.
See at this stage serving legal notice with appropriate medical record shall be best thing to do as going in for litigation may lead to time and money wastage.
- As per the Factories Act , every adult , cannot work for more than 48 hours in a week and not more than 9 hours in a day.
- Further, the time worked in excess of these 48 hours per week and nine hours per day will be counted as overtime, and will require the employer to pay workers twice the standard wage.
- Further, the worker have his right to say Yes to overtime or No to Overtime, and employer cannot force him to work overtime, and no disciplinary action can be taken if say no to overtime/overwork.
- Hence, your colleague has his right to inform the manangement for deny the same overwork given to him , and also on the ground of his heath problems.
- If, management refuse to accept his request, then he should approach the court for the sefety of service in that organization .
Good luck and dont forget to rating Positively.
Your friend should resign from
job
2) serve the notice period
3) in private sector irregular working hours are the norm rather than exception
4) if he is workmen raise the issue with labour union
5)litigation is long drawn and expensive proposition
You need to take a stand without going legal you cannot resolve this issue. You can talk to me Telephonically in detail through kaanoon for assistance
Dear
For this problem your friend have to change the attitude because it's due to his attitude he is being forced to take pressure of over working.
He have to be strong enough to say no to work which doesn't belong to him because in IT industry your superior are sitting for exploitation and take credit of your work.
For some initial days he may have to suffer hardship when he come and goes on time but it will be better change after few days.
They cannot just terminate him if he work according to his capacity they will find another person whose blood they can suck through exploitation.
you can file a complaint before labour cum conciliation officer of your area where have lastly worked and they will try to settle your matter like a arbitrator but if the dispute is still exists then conciliation officer send your dispute to governer of the state delegated the power to state labour commissioner and they may refer ur dispute before labour tribunal