Facing Unpaid Weekend Work Requests: Can You Say No and What Are Your Rights?

Aryanju
My sister worked in a private organization for several years as a Receptionist (work timings 10 am-6 pm, Sat-Sun off). Years after her service, she was made to change her position to accommodate another lady. Although she started working in the new position of 'Office Administrator', no official letter was given to her stating the change. After a month of anticipating that HR would formalize her joining, my sister sent an email requesting an official 'letter'. Nothing was sent until a reminder was given a second time. Now they have given her a joining letter stating her new position, no salary change, the start of work timing without a closing hour, and her requirement to work on Saturdays and Sundays if needed (without pay - although this is not mentioned, the organization does not pay them as they already receive higher pay).

Please advise on three things:

1) Do women have fixed hours of work in a private organization (is there any legislation passed on the same)?

2) Does an individual (man/woman) have the right to refuse work on days off (especially if the workday is unpaid)?

3) How can the organization be approached to address this issue?
KK!HR
Dear Aryanju, it appears you are Maharashtra-based and the provisions of the Bombay Shop & Establishment Act 1948 would apply. The answers are made accordingly.

Do women have fixed hours of work in a private organization?

The law sets a limit of 9 hours per day/48 hours per week. For women, the outer limit is 9:30 pm.

Does an individual have the right to deny work on off days?

It appears the normal working hours are less than 48 hours per week, so there cannot be a legal claim for extra compensation. An Office Administrator is a monthly salary-paid employee, so any work demand up to 48 hours per week cannot be denied.

How can the organization be approached to tackle the same?

Please try to see the difference the change is bringing. Note that an Office Administrator has higher responsibility, having a supervisory and administrative nature of work, and you can definitely seek enhancement of salary suiting that. The timing of the demand has to be a cautious decision taken by you.
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