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Old 08-30-2008, 09:14 PM   #2 (permalink)
Ganpat
 
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Join Date: Nov 2007
Posts: 109
Default Re: Need help with Labour law

You have quoted certain provisions of Factories Act. But this Act is applicable to those places where a "manufacturing process" is carried on ( as defined under Sec.2(m) of the Act). A call centre cannot fall under this category and hence there is no point in citing the provisions of the factory Act. Instead it will be better for you to find out about the Shops & Establishments Act as applicable to Karnataka.

When your working process gets changed, then I believe that the new one is applicable for all the teams including those with the 3 years service. This means that the other teams have adapted themselves to the new process faster than that of yours. Therefore comparing yourself with other teams will not be to your advantage.

Before you can think of seeking any remedy under any provision of Labour laws, you have to be clear about certain terms and conditions of your employment.

If you have been recruited with the title of a "call-centre executive", then none of these labour laws will apply as they are meant only for "workmen".

The next area is your actual terms of appointment, i.e., whether you are recruited on a time rate contract (where you work for certain fixed hours everyday) or on a piece rate contract (where your job perfromance is measured not in terms of the time you spend at job, but on the quantum of output).

Please go through your appointment letter terms and also the conditions of service contract, if any, that you have executed at the time of joining. Without a complete knowledge on these, it is not possible to give you a specific guidance in this regard.
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