Boss2966
Industrial Relations
Hrpathak
Agm(hr),torrent Power Ltd,ahmedabad
+1 Other

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In case the working hours of an establishment is less than 8 hours a day then whether the management has the right to modify working hours without issue of 9 A notice under ID Act
Even after issue of 9A notice , if the unions do not agree what are the options available
Any judgements
please help to solve an age old problem

When Organisation has started and working condition is imposed for less than 8 hours working and it continues for a longer time in that case it is considered as Custom and priviliage.
For changing such condition Notice of change is must and you must go for Conciliation and then let matter refered to the Industrial Tribunal. You have good case for win
Apart from that it is a case of bargaining when new pay revision due couple this issue with it.
During agreement for the same pl take up this issue on behalf of Management
Then only consider pay revision
It should be welcome win win situations.
Himanshu pathak

Dear Thiyagaraju
As mentioned by Himanshu, the management has the right to change the working hours and make it full 8 hours work. You must submit an application for change of working hours to the concerned labour department (For S&E Act) / factories department (For Factories Act).
In case if the Unions are not accepting then as said by Mr.Pathak, you must go for conciliation and further to Industrial tribunal to implement the same.

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