Wether an accountant is covered under labour act

One of my friend asked me wether an accountant is covered under labour law, i was not able to answer his query, on asking further he told me that he is doing job as an assistant accountant  in a pvt ltd co. which is in service sector. and his time for office was from 8.30 a.m to 9.30 p.m. He was hoping there might be a minimum hour for working for him. And he might be covered under labour law. If this is so he could claim either a overtime payment  or would claim for his right work hour. plz resolve

Replies (1)

Dear Sir,

The Industrial Disputes Act 1947 defines a 'worker' as:"any person (including an apprentice) employed in any industry to do any manual, unskilled, skilled, technical, operational, clerical or supervisory work for hire or reward, whether the terms of employment be express or implied".

This definition excludes any person:

  • who is employed mainly in a managerial or administrative capacity;
     
  • who, being employed in a supervisory capacity, draws wages exceeding Rs1,600 per month; or
     
  • who exercises functions mainly of a managerial nature

Your friend is entitled to work for fixed hours. But in practical senerio it is quite observed that management is the decision maker. 

  1. You can ask your manager regarding extra pay towards overtime
  2. You can ask for travel + food allowance as you are puting extra time
  3. You can ask for leave without pay loss - at the time of appearing in some exam that you wish to pursue.

Amicalbe relationship with Management is always necessary --- Manager's are also Human Beings --- If your performance is good and Manager likes your hardworking nature --- He will help you in one way or other way.

Believe me it does works.  In my case my manager has provide me 10 days leave for my MBA exams with full payment.

If I was working after 8.30 PM in the office ---  a small amount of Rs.15/- was reimbursed towards tiffin allowance.

Hope you win

 

 

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