Is it allowed to work for 12 hours a day (not exceeding 48 hours a week) if any organisation requires?
From India, Bangalore
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2From India, Bangalore
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Hi, As per Factories Act 1948, Per day - 8 Hrs work is allowed to adult employees. Beyond 8 hrs OT is applicable. Govind
From India, Mumbai
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From India, Mumbai
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51. WEEKLY HOURS - No adult workers shall be required or allowed to work in a factory for more than forty-eight hours in any week.
52. WEEKLY HOLIDAYS - (1) No adult worker shall be required or allowed to work in a factory on the first day of the week (hereinafter referred to as the said day), unless -
(a) he has or will have a holiday for a whole day on one of the three days immediately before or after the said day, and
(b) the manager of the factory has, before the said day or the substituted day under clause (a), whichever is earlier,
(i) delivered a notice at the office of the Inspector of his intention to require the worker to work on the said day and of the day which is to be substituted, and
(ii) displayed a notice to that effect in the factory: Provided that no substitution shall be made which will result in any worker working for more than ten days consecutively without a holiday for a whole day.
(2) Notices given under sub-section (1) may be canceled by a notice delivered at the office of the Inspector and a notice displayed in the factory not later than the day before the said day or the holiday to be canceled, whichever is earlier.
(3) Where, in accordance with the provisions of sub-section (1), any worker works on the said day and has had a holiday on one of the three days immediately before it, that said day shall, for the purpose of calculating his weekly hours of work, be included in the preceding week.
54. DAILY HOURS - Subject to the provisions of section 51, no adult worker shall be required or allowed to work in a factory for more than nine hours in any day:
Provided that, subject to the previous approval of the Chief inspector, the daily maximum hours specified in this section may be exceeded in order to facilitate the change of shifts.
53. COMPENSATORY HOLIDAYS - (1) Where, as a result of the passing of an order or the making of a rule under the provisions of this Act exempting a factory or the workers therein from the provisions of section 52, a worker is deprived of any of the weekly holidays for which provision is made in sub-section (1) of that section, he shall be allowed, within the month in which the holidays were due to him or within the two months immediately following that month, compensatory holidays of equal number to the holidays so lost.
(2) The State Government may prescribe the manner in which the holidays for which provision is made in sub-section (1) shall be allowed.
55. INTERVALS FOR REST - (1) The periods of work of adult workers in a factory each day shall be so fixed that no period shall exceed five hours and that no worker shall work for more than five hours before he has had an interval for rest of at least half an hour.
(2) The State Government or, subject to the control of the State Government, the Chief Inspector, may, by written order and for the reasons specified therein, exempt any factory from the provisions of sub-section (1) so however that the total number of hours worked by a worker without an interval does not exceed six.
56. SPREADOVER - The periods of work of an adult worker in a factory shall be so arranged that inclusive of his intervals for rest under section 55, they shall not spread over more than ten and a half hours in any day: Provided that the Chief Inspector may, for reasons to be specified in writing, increase the spreadover up to twelve hours.
57. NIGHT SHIFTS - Where a worker in a factory works on a shift which extends beyond midnight,
(a) for the purposes of sections 52 and 53, a holiday for a whole day shall mean in his case a period of twenty-four consecutive hours beginning when his shift ends;
(b) the following day for him shall be deemed to be the period of twenty-four hours beginning when such shift ends, and the hours he has worked after midnight shall be counted in the previous day.
58. PROHIBITION OF OVERLAPPING SHIFTS - (1) Work shall not be carried on in any factory by means of a system of shifts so arranged that more than one relay of workers is engaged in work of the same kind at the same time.
(2) The State Government or subject to the control of the State Government, the Chief Inspector, may, by written order and for the reasons specified therein, exempt on such conditions as may be deemed expedient, any factory or class or description of factories or any department or section of a factory or any category or description of workers therein from the provisions of sub-section (1).
59. EXTRA WAGES FOR OVERTIME - (1) Where a worker works in a factory for more than nine hours in any day or for more than forty-eight hours in any week, he shall, in respect of overtime work, be entitled to wages at the rate of twice his ordinary rate of wages.
(2) For the purposes of sub-section (1), "ordinary rate of wages" means the basic wages plus such allowances, including the cash equivalent of the advantage accruing through the concessional sale to workers of food grains and other articles, as the worker is for the time being entitled to, but does not include a bonus and wages for overtime work.
(3) Where any workers in a factory are paid on a piece-rate basis, the time rate shall be deemed to be equivalent to the daily average of their full-time earnings for the days on which they actually worked on the same or identical job during the month immediately preceding the calendar month during which the overtime work was done, and such time rates shall be deemed to be the ordinary rates of wages of those workers: Provided that in the case of a worker who has not worked in the immediately preceding calendar month on the same or identical job, the time rate shall be deemed to be equivalent to the daily average of the earnings of the worker for the days on which he actually worked in the week in which the overtime work was done.
Explanation: For the purposes of this sub-section, in computing the earnings for the days on which the worker actually worked such allowances, including the cash equivalent of the advantage accruing through the concessional sale to workers of food grains and other articles, as the worker is for the time being entitled to, shall be included but any bonus or wages for overtime work payable in relation to the period with reference to which the earnings are being computed shall be excluded.
(4) The cash equivalent of the advantage accruing through the concessional sale to a worker of food grains and other articles shall be computed as often as may be prescribed on the basis of the maximum quantity of food grains and other articles admissible to a standard family.
Explanation 1: Standard family means a family consisting of the worker, his or her spouse, and two children below the age of fourteen years requiring in all three adult consumption units.
Explanation 2: Adult consumption unit means the consumption unit of a male above the age of fourteen years; and the consumption unit of a female above the age of fourteen years and that of a child below the age of fourteen years shall be calculated at the rates of 0.8 and 0.6 respectively of one adult consumption unit.
(5) The State Government may make rules prescribing -
(a) the manner in which the cash equivalent of the advantage accruing through the concessional sale to a worker of food grains and other articles shall be computed; and
(b) the registers that shall be maintained in a factory for the purpose of securing compliance with the provisions of this section.
60. RESTRICTION ON DOUBLE EMPLOYMENT - No adult worker shall be required or allowed to work in any factory on any day on which he has already been working in any other factory, save in such circumstances as may be prescribed.
61. NOTICE OF PERIODS OF WORK FOR ADULTS - (1) There shall be displayed and correctly maintained in every factory in accordance with the provisions of sub-section (2) of section 108, a notice of periods of work for adults, showing clearly for every day the periods during which adult workers may be required to work.
(2) The periods shown in the notice required by sub-section (1) shall be fixed beforehand in accordance with the following provisions of this section and shall be such that workers working for those periods would not be working in contravention of any of the provisions of sections 51, 52, 53, 54, 55, 56, and 58.
(3) Where all the adult workers in a factory are required to work during the same periods, the manager of the factory shall fix those periods for such workers generally.
(4) Where all the adult workers in a factory are not required to work during the same periods, the manager of the factory shall classify them into groups according to the nature of their work indicating the number of workers in each group.
(5) For each group which is not required to work on a system of shifts, the manager of the factory shall fix the periods during which the group may be required to work.
(6) Where any group is required to work on a system of shifts and the relays are not to be subject to predetermined periodical changes of shifts, the manager of the factory shall fix the periods during which each relay of the group may be required to work.
(7) Where any group is to work on a system of shifts and the relays are to be subject to predetermined periodical changes of shifts, the manager of the factory shall draw up a scheme of shifts whereunder the periods during which any relay of the group may be required to work and the relay which will be working at any time of the day shall be known for any day.
(8) The State Government may prescribe forms of the notice required by sub-section (1) and the manner in which it shall be maintained.
(9) In the case of a factory beginning work after the commencement of this Act
From India, Coimbatore
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52. WEEKLY HOLIDAYS - (1) No adult worker shall be required or allowed to work in a factory on the first day of the week (hereinafter referred to as the said day), unless -
(a) he has or will have a holiday for a whole day on one of the three days immediately before or after the said day, and
(b) the manager of the factory has, before the said day or the substituted day under clause (a), whichever is earlier,
(i) delivered a notice at the office of the Inspector of his intention to require the worker to work on the said day and of the day which is to be substituted, and
(ii) displayed a notice to that effect in the factory: Provided that no substitution shall be made which will result in any worker working for more than ten days consecutively without a holiday for a whole day.
(2) Notices given under sub-section (1) may be canceled by a notice delivered at the office of the Inspector and a notice displayed in the factory not later than the day before the said day or the holiday to be canceled, whichever is earlier.
(3) Where, in accordance with the provisions of sub-section (1), any worker works on the said day and has had a holiday on one of the three days immediately before it, that said day shall, for the purpose of calculating his weekly hours of work, be included in the preceding week.
54. DAILY HOURS - Subject to the provisions of section 51, no adult worker shall be required or allowed to work in a factory for more than nine hours in any day:
Provided that, subject to the previous approval of the Chief inspector, the daily maximum hours specified in this section may be exceeded in order to facilitate the change of shifts.
53. COMPENSATORY HOLIDAYS - (1) Where, as a result of the passing of an order or the making of a rule under the provisions of this Act exempting a factory or the workers therein from the provisions of section 52, a worker is deprived of any of the weekly holidays for which provision is made in sub-section (1) of that section, he shall be allowed, within the month in which the holidays were due to him or within the two months immediately following that month, compensatory holidays of equal number to the holidays so lost.
(2) The State Government may prescribe the manner in which the holidays for which provision is made in sub-section (1) shall be allowed.
55. INTERVALS FOR REST - (1) The periods of work of adult workers in a factory each day shall be so fixed that no period shall exceed five hours and that no worker shall work for more than five hours before he has had an interval for rest of at least half an hour.
(2) The State Government or, subject to the control of the State Government, the Chief Inspector, may, by written order and for the reasons specified therein, exempt any factory from the provisions of sub-section (1) so however that the total number of hours worked by a worker without an interval does not exceed six.
56. SPREADOVER - The periods of work of an adult worker in a factory shall be so arranged that inclusive of his intervals for rest under section 55, they shall not spread over more than ten and a half hours in any day: Provided that the Chief Inspector may, for reasons to be specified in writing, increase the spreadover up to twelve hours.
57. NIGHT SHIFTS - Where a worker in a factory works on a shift which extends beyond midnight,
(a) for the purposes of sections 52 and 53, a holiday for a whole day shall mean in his case a period of twenty-four consecutive hours beginning when his shift ends;
(b) the following day for him shall be deemed to be the period of twenty-four hours beginning when such shift ends, and the hours he has worked after midnight shall be counted in the previous day.
58. PROHIBITION OF OVERLAPPING SHIFTS - (1) Work shall not be carried on in any factory by means of a system of shifts so arranged that more than one relay of workers is engaged in work of the same kind at the same time.
(2) The State Government or subject to the control of the State Government, the Chief Inspector, may, by written order and for the reasons specified therein, exempt on such conditions as may be deemed expedient, any factory or class or description of factories or any department or section of a factory or any category or description of workers therein from the provisions of sub-section (1).
59. EXTRA WAGES FOR OVERTIME - (1) Where a worker works in a factory for more than nine hours in any day or for more than forty-eight hours in any week, he shall, in respect of overtime work, be entitled to wages at the rate of twice his ordinary rate of wages.
(2) For the purposes of sub-section (1), "ordinary rate of wages" means the basic wages plus such allowances, including the cash equivalent of the advantage accruing through the concessional sale to workers of food grains and other articles, as the worker is for the time being entitled to, but does not include a bonus and wages for overtime work.
(3) Where any workers in a factory are paid on a piece-rate basis, the time rate shall be deemed to be equivalent to the daily average of their full-time earnings for the days on which they actually worked on the same or identical job during the month immediately preceding the calendar month during which the overtime work was done, and such time rates shall be deemed to be the ordinary rates of wages of those workers: Provided that in the case of a worker who has not worked in the immediately preceding calendar month on the same or identical job, the time rate shall be deemed to be equivalent to the daily average of the earnings of the worker for the days on which he actually worked in the week in which the overtime work was done.
Explanation: For the purposes of this sub-section, in computing the earnings for the days on which the worker actually worked such allowances, including the cash equivalent of the advantage accruing through the concessional sale to workers of food grains and other articles, as the worker is for the time being entitled to, shall be included but any bonus or wages for overtime work payable in relation to the period with reference to which the earnings are being computed shall be excluded.
(4) The cash equivalent of the advantage accruing through the concessional sale to a worker of food grains and other articles shall be computed as often as may be prescribed on the basis of the maximum quantity of food grains and other articles admissible to a standard family.
Explanation 1: Standard family means a family consisting of the worker, his or her spouse, and two children below the age of fourteen years requiring in all three adult consumption units.
Explanation 2: Adult consumption unit means the consumption unit of a male above the age of fourteen years; and the consumption unit of a female above the age of fourteen years and that of a child below the age of fourteen years shall be calculated at the rates of 0.8 and 0.6 respectively of one adult consumption unit.
(5) The State Government may make rules prescribing -
(a) the manner in which the cash equivalent of the advantage accruing through the concessional sale to a worker of food grains and other articles shall be computed; and
(b) the registers that shall be maintained in a factory for the purpose of securing compliance with the provisions of this section.
60. RESTRICTION ON DOUBLE EMPLOYMENT - No adult worker shall be required or allowed to work in any factory on any day on which he has already been working in any other factory, save in such circumstances as may be prescribed.
61. NOTICE OF PERIODS OF WORK FOR ADULTS - (1) There shall be displayed and correctly maintained in every factory in accordance with the provisions of sub-section (2) of section 108, a notice of periods of work for adults, showing clearly for every day the periods during which adult workers may be required to work.
(2) The periods shown in the notice required by sub-section (1) shall be fixed beforehand in accordance with the following provisions of this section and shall be such that workers working for those periods would not be working in contravention of any of the provisions of sections 51, 52, 53, 54, 55, 56, and 58.
(3) Where all the adult workers in a factory are required to work during the same periods, the manager of the factory shall fix those periods for such workers generally.
(4) Where all the adult workers in a factory are not required to work during the same periods, the manager of the factory shall classify them into groups according to the nature of their work indicating the number of workers in each group.
(5) For each group which is not required to work on a system of shifts, the manager of the factory shall fix the periods during which the group may be required to work.
(6) Where any group is required to work on a system of shifts and the relays are not to be subject to predetermined periodical changes of shifts, the manager of the factory shall fix the periods during which each relay of the group may be required to work.
(7) Where any group is to work on a system of shifts and the relays are to be subject to predetermined periodical changes of shifts, the manager of the factory shall draw up a scheme of shifts whereunder the periods during which any relay of the group may be required to work and the relay which will be working at any time of the day shall be known for any day.
(8) The State Government may prescribe forms of the notice required by sub-section (1) and the manner in which it shall be maintained.
(9) In the case of a factory beginning work after the commencement of this Act
From India, Coimbatore
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Dear Peer Mohammed,
Greetings,
How would you fit into continuous on-site work for 12 hours, day and night rotational shifts without leaving the workstation, while employees stay in the same place for the remaining period of rest, let's say for a period of three to six months on a project?
In the context of the above provisions, how will these conditions affect or be applied in such circumstances?
Your reply will be highly appreciated.
With warm regards,
Rashid
From Saudi Arabia
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Greetings,
How would you fit into continuous on-site work for 12 hours, day and night rotational shifts without leaving the workstation, while employees stay in the same place for the remaining period of rest, let's say for a period of three to six months on a project?
In the context of the above provisions, how will these conditions affect or be applied in such circumstances?
Your reply will be highly appreciated.
With warm regards,
Rashid
From Saudi Arabia
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Dear Friend,Please see my earlier posting in this cite "THE TIME MANAGEMENT IN FACTORIES ACT".Regards,PBS KUMAR
From India, Kakinada
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From India, Kakinada
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Dear Seniors, Could you please update if all these rules are applicable even in ITES companies.
From India, New Delhi
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From India, New Delhi
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Thnks for the rules.Please advise me whether this applies to evry industry like IT,ITES...???
From United States, Tempe
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From United States, Tempe
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provided ur defination of worker and manager has to be clear...read the case of medical reps and pilots who claimed OT ..
From India, Calcutta
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From India, Calcutta
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Dear all,
We have good human resource policies, but most of the companies are not following them properly. For instance, some software companies are giving leisure time to their employees for several months where they are not assigned to projects. However, when project deadlines approach, the workers are asked to work more than thirteen hours per day. It's all due to the leisure hours that were spent previously. This kind of environment can make the workers lazy at times, and when faced with an overwhelming workload, the workers struggle to cope with the company's demands.
Therefore, all software companies need to strictly adhere to HR policies to ensure employee regulation and reduce the burden on both the employees and the company.
Regards,
Nelson
Chennai
From India, Bangalore
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We have good human resource policies, but most of the companies are not following them properly. For instance, some software companies are giving leisure time to their employees for several months where they are not assigned to projects. However, when project deadlines approach, the workers are asked to work more than thirteen hours per day. It's all due to the leisure hours that were spent previously. This kind of environment can make the workers lazy at times, and when faced with an overwhelming workload, the workers struggle to cope with the company's demands.
Therefore, all software companies need to strictly adhere to HR policies to ensure employee regulation and reduce the burden on both the employees and the company.
Regards,
Nelson
Chennai
From India, Bangalore
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Dear All, I want to know these working rules are applicable on office employees also? If no than request you to let me know the max. working hours in office. Regards Anshika Kulshrestha
From India, Delhi
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From India, Delhi
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Please given me the current rules and regulations as per shop & establishment act, mumbai - ESIC , PF, Working Hours, Leave rules,
From India, Pune
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From India, Pune
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Hi, one of my friends is working in the retail industry as a brand promoter. The regular working hours are from 10 am to 8 pm, which amounts to 10 hours a day. Currently, in the outlet, they are running a discount sale and have requested employees to work from 9 am to 9 pm. What should we do now? Can I lodge a complaint against the company? Please advise.
From India, Bengaluru
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From India, Bengaluru
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Can the hospital nursing staff shifts be arranged as follows: 6 hours for the first week as a morning shift, 6 hours for the second week as an evening shift, 12 hours as a night shift during the 3rd week, and the remaining days as an 8-hour day shift?
Is there any labor dispute in this manner? Our employees are against the day shift; instead, they want to work 9 days as morning shift, 9 days as evening shift, and 8 days as night shift. Kindly advise.
From India, Kannur
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Is there any labor dispute in this manner? Our employees are against the day shift; instead, they want to work 9 days as morning shift, 9 days as evening shift, and 8 days as night shift. Kindly advise.
From India, Kannur
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Can the hospital nursing staff shift be arranged as follows: 6 hours for the first week as the morning shift, 6 hours for the second week as the evening shift, 12 hours for the third week as the night shift, and the remaining days as an 8-hour day shift?
Is there any labor dispute regarding this arrangement?
Our employees are against the day shift; instead, they prefer 9 days of morning shift, 9 days of evening shift, and 8 days of night shift.
Kindly advise.
josresh
From India, Kannur
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Is there any labor dispute regarding this arrangement?
Our employees are against the day shift; instead, they prefer 9 days of morning shift, 9 days of evening shift, and 8 days of night shift.
Kindly advise.
josresh
From India, Kannur
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Can the hospital nursing staff shift be arranged as 6 hours for the first week as the morning shift, 6 hours for the second week as the evening shift, 12 hours for the night shift during the third week, and the remaining days as an 8-hour day shift?
Is there any labor dispute in this manner? Our employees are against the day shift; instead, they want to work 9 days on the morning shift, 9 days on the evening shift, and 8 days on the night shift.
Kindly advise.
josresh
josjosresh@rediffmail.com
From India, Kannur
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Is there any labor dispute in this manner? Our employees are against the day shift; instead, they want to work 9 days on the morning shift, 9 days on the evening shift, and 8 days on the night shift.
Kindly advise.
josresh
josjosresh@rediffmail.com
From India, Kannur
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