Dear All, Could you please provide details on overtime limits as per the factories act? Thanks & Regards Ram
From United States, Southfield
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6From United States, Southfield
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Per day - 8 hours (regular working hours).
Per week - 48 hours (regular working hours).
Per day - 1 hour overtime applicable as per the Factories Act.
If your organization provides the best facilities - as per the above rules, update your weekly and daily working hour details to GLO & DISH in Form I.
Regards,
From India, Nasik
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Per week - 48 hours (regular working hours).
Per day - 1 hour overtime applicable as per the Factories Act.
If your organization provides the best facilities - as per the above rules, update your weekly and daily working hour details to GLO & DISH in Form I.
Regards,
From India, Nasik
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Dear Ram,
As per the Factories Act:
Overtime: 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. 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.
(i) The total number of hours of work in any day shall not exceed ten hours;
(ii) The spread over inclusive of intervals for rest shall not exceed 12 hours in any one day;
(iii) The total number of hours of work in a week, including overtime, shall not exceed sixty;
(iv) The total number of hours of overtime work shall not exceed fifty for any one quarter.
From India, Mumbai
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As per the Factories Act:
Overtime: 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. 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.
(i) The total number of hours of work in any day shall not exceed ten hours;
(ii) The spread over inclusive of intervals for rest shall not exceed 12 hours in any one day;
(iii) The total number of hours of work in a week, including overtime, shall not exceed sixty;
(iv) The total number of hours of overtime work shall not exceed fifty for any one quarter.
From India, Mumbai
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Dear Sir,
In a typical day, 2 hours of overtime (OT) are allowed – 8 hours of normal work equals 2 hours of OT.
In a week, 12 hours of OT are permitted – normal hours of 48 plus OT hours of 12 amount to a total of 60 hours.
In any quarter, the total hours of OT should not exceed 50 hours.
In practice, it is often not feasible to adhere strictly to these regulations. Workmen frequently take ESI leaves, other types of leave, or are absent. Consequently, workmen are often required to work overtime beyond the permitted hours as stipulated by the Factories Act. In continuous process factories, overtime is a necessity. Nonetheless, we have been compensating for OT at twice the rate of normal hours.
D. Gurumurthy HR/IR Consultant
From India, Hyderabad
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In a typical day, 2 hours of overtime (OT) are allowed – 8 hours of normal work equals 2 hours of OT.
In a week, 12 hours of OT are permitted – normal hours of 48 plus OT hours of 12 amount to a total of 60 hours.
In any quarter, the total hours of OT should not exceed 50 hours.
In practice, it is often not feasible to adhere strictly to these regulations. Workmen frequently take ESI leaves, other types of leave, or are absent. Consequently, workmen are often required to work overtime beyond the permitted hours as stipulated by the Factories Act. In continuous process factories, overtime is a necessity. Nonetheless, we have been compensating for OT at twice the rate of normal hours.
D. Gurumurthy HR/IR Consultant
From India, Hyderabad
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Dear Ram ji.
As per the Factories Act, 1948
THE OVERTIME LIMITS
Section :64 (sub rule: 4)
2 hours per day, 12 hours per week and 50 hours per quarter (Q1, Q2...) is the stipulated limit for overtime work as per Factories Act 1948.
The Factory Inspector may extend this to 75 hours a quarter.
The total number of hours of work in a week including overtime shall not exceed 60.
Explanation : ‘Quarter’ means a period of three consecutive months beginning on the 1st of January, the 1st of April, the 1st of July, or the 1st of October.
Regards,
PBS KUMAR
From India, Kakinada
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As per the Factories Act, 1948
THE OVERTIME LIMITS
Section :64 (sub rule: 4)
2 hours per day, 12 hours per week and 50 hours per quarter (Q1, Q2...) is the stipulated limit for overtime work as per Factories Act 1948.
The Factory Inspector may extend this to 75 hours a quarter.
The total number of hours of work in a week including overtime shall not exceed 60.
Explanation : ‘Quarter’ means a period of three consecutive months beginning on the 1st of January, the 1st of April, the 1st of July, or the 1st of October.
Regards,
PBS KUMAR
From India, Kakinada
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Dear all,
First of all, thank you very much for providing trustworthy insights on OVERTIME. I request you to please provide an Excel sheet to further clarify the topic for me. The Excel sheet should only include basic and other allowances; this means that the salary breakdown, specifically the other components of the salary structure, should not be taken into consideration. Could you please confirm if this is correct? I would appreciate an explanation of the same.
Thank you.
From India, Ahmadabad
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First of all, thank you very much for providing trustworthy insights on OVERTIME. I request you to please provide an Excel sheet to further clarify the topic for me. The Excel sheet should only include basic and other allowances; this means that the salary breakdown, specifically the other components of the salary structure, should not be taken into consideration. Could you please confirm if this is correct? I would appreciate an explanation of the same.
Thank you.
From India, Ahmadabad
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Dear Sir if the worker or staff working in the after shift half an hour they include in o.t or not
From India, Kanpur
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From India, Kanpur
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Hi Friends,
I have a very logical and important question related to Overtime payout. As per the Factory Act, all individuals employed in a Factory are considered to be workers. Then why is overtime only paid to labor category workers (blue-collar) and not to supervisory or managerial level workers?
Please try to answer my question as soon as possible with your reasoning.
Thank you in advance.
Shailendra - Asst. Manager Human Resources.
From India, Mumbai
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I have a very logical and important question related to Overtime payout. As per the Factory Act, all individuals employed in a Factory are considered to be workers. Then why is overtime only paid to labor category workers (blue-collar) and not to supervisory or managerial level workers?
Please try to answer my question as soon as possible with your reasoning.
Thank you in advance.
Shailendra - Asst. Manager Human Resources.
From India, Mumbai
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Hi,
The act is very clear stating the following:
Section 64.4, III & IV:
1. The total number of hours of work, including overtime, shall not exceed sixty.
2. The total number of hours of overtime shall not exceed fifty for any one quarter.
The above clause does not need to have any approval; a factory can perform 50 hours of overtime during any quarter without any prior approval.
Section 65.3, IV:
1. The total number of hours of overtime work in any quarter shall not exceed seventy-five hours (exemption required).
You have obtained an approval for this clause from the Inspectorate of Factories.
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The act is very clear stating the following:
Section 64.4, III & IV:
1. The total number of hours of work, including overtime, shall not exceed sixty.
2. The total number of hours of overtime shall not exceed fifty for any one quarter.
The above clause does not need to have any approval; a factory can perform 50 hours of overtime during any quarter without any prior approval.
Section 65.3, IV:
1. The total number of hours of overtime work in any quarter shall not exceed seventy-five hours (exemption required).
You have obtained an approval for this clause from the Inspectorate of Factories.
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Hi,
Overtime for managerial/supervisory staff
If you look into Section 2(s) of the Industrial Disputes Act, 1947, it defines "workman" as any person (including an apprentice) employed in any industry to perform manual, unskilled, skilled, technical, operational, clerical, or supervisory work for hire or reward, whether the terms of employment are express or implied. For the purposes of any proceeding under this Act concerning an industrial dispute, it includes any individual who has been dismissed, discharged, or retrenched in connection with, or as a consequence of, that dispute, or whose dismissal, discharge, or retrenchment has sparked that dispute. However, it does not include any individual who:
(i) is subject to the Air Force Act, 1950 (45 of 1950), the Army Act, 1950 (46 of 1950), or the Navy Act, 1957 (62 of 1957);
(ii) is employed in the police service or as an officer or other employee of a prison;
(iii) is primarily employed in a managerial or administrative capacity;
(iv) is employed in a supervisory capacity, receiving wages exceeding one thousand six hundred rupees per month or performs functions mainly of a managerial nature by the nature of the duties attached to the position or the powers vested in them.
According to this, employees in the managerial/supervisory cadre are not classified as workmen, and therefore, they are not entitled to overtime pay.
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Overtime for managerial/supervisory staff
If you look into Section 2(s) of the Industrial Disputes Act, 1947, it defines "workman" as any person (including an apprentice) employed in any industry to perform manual, unskilled, skilled, technical, operational, clerical, or supervisory work for hire or reward, whether the terms of employment are express or implied. For the purposes of any proceeding under this Act concerning an industrial dispute, it includes any individual who has been dismissed, discharged, or retrenched in connection with, or as a consequence of, that dispute, or whose dismissal, discharge, or retrenchment has sparked that dispute. However, it does not include any individual who:
(i) is subject to the Air Force Act, 1950 (45 of 1950), the Army Act, 1950 (46 of 1950), or the Navy Act, 1957 (62 of 1957);
(ii) is employed in the police service or as an officer or other employee of a prison;
(iii) is primarily employed in a managerial or administrative capacity;
(iv) is employed in a supervisory capacity, receiving wages exceeding one thousand six hundred rupees per month or performs functions mainly of a managerial nature by the nature of the duties attached to the position or the powers vested in them.
According to this, employees in the managerial/supervisory cadre are not classified as workmen, and therefore, they are not entitled to overtime pay.
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Hi,
It depends on the action initiated by the inspectorate of factories. You can pretty well see, so many companies are violating the law and paying their workers off the record, yet they survive because of the nature of the business. So if we get into the other side of the law, it won't make sense. It's better to stick to the law and ensure you never violate it. That's good for the company as well as for the employees.
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It depends on the action initiated by the inspectorate of factories. You can pretty well see, so many companies are violating the law and paying their workers off the record, yet they survive because of the nature of the business. So if we get into the other side of the law, it won't make sense. It's better to stick to the law and ensure you never violate it. That's good for the company as well as for the employees.
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Dear Sir, can any one tell us how to calculate HRA? some salary structure 25% some are 40% so please confirm me what is policy?
From India, Pune
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From India, Pune
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Dear All,
I have read news about a change in the quarterly limit of overtime in Maharashtra, but on the labor site, I am not finding any amendment gazette. Kindly guide me on the same.
1. Has the quarterly limit been extended from fifty to seventy-five, and now it states 115? If yes, kindly provide me with the amendment.
2. Can females in Maharashtra work in factories until 9 pm?
Awaiting the answer.
Thank you.
Regards,
Smita
From India, Gurgaon
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I have read news about a change in the quarterly limit of overtime in Maharashtra, but on the labor site, I am not finding any amendment gazette. Kindly guide me on the same.
1. Has the quarterly limit been extended from fifty to seventy-five, and now it states 115? If yes, kindly provide me with the amendment.
2. Can females in Maharashtra work in factories until 9 pm?
Awaiting the answer.
Thank you.
Regards,
Smita
From India, Gurgaon
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Dear Shailendra,
The definition of the term "worker" under the Factories Act, 1948, is not a general one to include all and sundry employed therein within the meaning of the term but a qualified term restricting its application only to those who are engaged in the actual manufacturing process. Therefore, those employed in a factory in managerial or supervisory levels, though such activities are performed in respect of the same manufacturing process, cannot be treated as workers for the purpose of overtime work.
From India, Salem
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The definition of the term "worker" under the Factories Act, 1948, is not a general one to include all and sundry employed therein within the meaning of the term but a qualified term restricting its application only to those who are engaged in the actual manufacturing process. Therefore, those employed in a factory in managerial or supervisory levels, though such activities are performed in respect of the same manufacturing process, cannot be treated as workers for the purpose of overtime work.
From India, Salem
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1. No adult worker shall be required or allowed to work in a factory for more than forty-eight hours in any week.
2. 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 specified in this section may be exceeded in order to facilitate the change of shifts.
3. 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.
4. 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 above provision, so however that the total number of hours worked by a worker without an interval does not exceed six.
5. 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 spread over up to twelve hours.
For more details, visit [Working Hours and Holidays Under Factories Act 1948 | Indian Labour Laws & Shram Suvidha Simplified](http://www.shramsamadhan.com/2016/10/working-hours-and-holidays-under-factory-act.html)
From India, Kolkata
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2. 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 specified in this section may be exceeded in order to facilitate the change of shifts.
3. 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.
4. 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 above provision, so however that the total number of hours worked by a worker without an interval does not exceed six.
5. 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 spread over up to twelve hours.
For more details, visit [Working Hours and Holidays Under Factories Act 1948 | Indian Labour Laws & Shram Suvidha Simplified](http://www.shramsamadhan.com/2016/10/working-hours-and-holidays-under-factory-act.html)
From India, Kolkata
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Can anyone help me out with the overtime pay under the Factories Act?
Is the eligibility based on the designation as mentioned in the above conversation? (Only for workmen)
If an employee is drawing a gross salary of Rs. 25,000 and above, will he be paid overtime?
My doubt is whether to put a ceiling based on the salary or designation.
Quick responses to the above queries will enable me to formulate a policy for my employees at my current company.
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Is the eligibility based on the designation as mentioned in the above conversation? (Only for workmen)
If an employee is drawing a gross salary of Rs. 25,000 and above, will he be paid overtime?
My doubt is whether to put a ceiling based on the salary or designation.
Quick responses to the above queries will enable me to formulate a policy for my employees at my current company.
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For eligibility of overtime for "Departmental Manager"under Factory Act, 1948; Section 59 says that:
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.
Now it is important to know who falls under definition of worker. Under Factory Act 1948 there are 3 category of person i.e.
1. Occupier under Section 2 (n) of The Factory Act, 1948.
2. Manager under Rule of The Factory Rules of concern state.
3. Worker under Section 2 (l) of The Factory Act, 1948.
Here definition of Manager under Rule 2 (l) of The Punjab Factory Rules, 1952 does not include departmental manager like quality manager or HR Manager etc. because appointment intimation do not forwarded to Factory Inspector by occupier under section 7 (4) of factories Act, 1948 for appointment of departmental manager, so we can conclude that departmental manager are different from Manager under Rule of Factory Rules.
It is important to understand position of departmental manager under Factories Act, 1942. As per my understanding we can not import definition of workman under Section 2 (s) from the Industrial Dispute Act,1947 reason of this is objective of both Acts are entirely different.
The main object of the Factories Act, 1948 is to ensure adequate safety measures and to promote the health and welfare of the workers employed in factories whereas The Industrial Disputes Act, 1947 makes provision for the investigation and settlement of industrial disputes and for certain other purposes.
This is important to find categorization of departmental manager under Factories law only. We have to check definition of worker minutely because departmental manager can not be Occupier under Section 2 (n) of The Factory Act, 1948 or Manager under Rule 2 (l) of The Punjab Factory Rules, 1952.
There is only category left under Factories Act, 1948 i.e. “Worker” means a person employed directly or by or through any agency (including a contractor) with or without knowledge of the principal employer, whether for remuneration or not, in any manufacturing process, or in any other kind or work incidental to, or connected with, the manufacturing process or the subject of the manufacturing process but does not include any member of the armed forces of the Union. [Section 2(1)]
The definition contains following ingredients :
There should be an ‘employed person’
Meaning of the word “employed”: The concept of “employment” involves three ingredients, viz. employer, employee, and contract of employment. The ‘employer’ is one who employs, i.e., one who engages the services of other persons. The ‘employee’ is one who works for another for hire. above understanding comes from case law of Chintaman Rao v. State of M.P. AIR 1958 S.C. 388 which said that :
The employment is the contract of service between employer and employee where under the employee agrees to serve the employer subject to his control and supervision. The prima facie test for determination of the relationship between the employer and employee is the existence of the right of the employer to supervise and control the work done by the employee not only in the matter of directing what work the employee is to do but also the manner in which he shall do his work.
Employed in work incidental to process: This clause is very important because it enlarges the scope of the term, manufacturing process.
Following illustrative cases will clarify the meaning of this clause:
(1) In Shinde v. Bombay Telephones, 1968 (11) LLJ 74, it was held that whether the workman stands outside the factory premises or inside it, if his duties are connected with the business of the factory or connected with the factory, he is really employed in the factory and in connection with the factory.
(2) In Works Manager, Central Rly. Workshop Jhansi v. Vishwanath and others, it was held that the definition of worker does not exclude those employees who are entrusted solely with clerical duties, if they otherwise fall within the definition of ‘worker. Timekeepers employed to maintain attendance of the staff, job cards particularly of the various jobs under operation, and time- sheets of the staff engaged in production of
spare parts, repairs, etc.; and head time-keeper who supervise the work of the time-keepers, perform work which is incidental to or connected with the manufacturing process carried on in the factory and would therefore, fall within the definition of the worker in the Act.
Now it is very important to understand nature of work of departmental manager. whether departmental manager works under supervision and control of employer or departmental manager have liberty to work as per his discrition.
In Shankar Balaji Waje v. State of Maharashtra, AIR 1963 Bom. 236, the question arose whether bidi roller is a worker or not. The management simply says that the labourer is to produce bidies rolled in a certain form. How the labourer carried out the work is his own concern and is not controlled by the management, which is concerned only with getting bidies rolled in a particular style with certain contents. The Supreme Court held that the bidi roller is not a worker.
The whole conception of service does not fit in well with a servant who has full liberty to attend to his work according to his pleasure and not according to the orders of his master. Where the employer did retain direction and control over the workers both in manner of the nature of the work as ‘also its details they will be held as workers.
In State of Kerala v. R.E.DSouza; Women and girls employed in peeling, washing etc., of consignment of prawns brought on the premises at any time of the day or night, without any specified hours of work and without any control over their attendance or the nature, manner or quantum of their work and who after finishing the work go to other premises in the locality where similar consignment of prawns are received, are not Workers.
So deciding factor about category of departmental manager whether falls under definition of worker or not; working conditions under employment are required to examine like:
1. whether departmental manager working hours is as per his own sweet will or not?
2. whether departmental manager working method is out of employer supervision or not?
3. whether departmental manager working is out of employer control or not?
if answer of above three question's answer are "No"; then departmental manager falls under definition of worker if his works within factory for manufacturing process or not.
if answer of above three question's answer are "Yes"; then departmental manager do not falls under definition of worker even he works within factory for manufacturing process.
In question of whether all employees are workers court said as below:
Since the word employee has not been defined in the Act it follows that all the workers within the ambit of the definition under the factories Act would be employees, while all employees would not be workers (Harbanslal v. State of Karnataka, (1976)1 Karnt.J.111).
All persons employed in or in connection with a factory whether or not employed
as workers are entitled to the benefits of the Act (Union of India v. G.M. Kokil, 1984 SCC (L&S) 631).
Once it is established prima facie that premises in question is a factory within the meaning of the Act, the provisions of Section 103 as to the presumption of employment are immediately attracted and onus to prove the contrary shifts to the accused (Prafulbhai Patadia v. The State, 1976 (12) E.L.R. 329).
From Malaysia, Seremban
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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.
Now it is important to know who falls under definition of worker. Under Factory Act 1948 there are 3 category of person i.e.
1. Occupier under Section 2 (n) of The Factory Act, 1948.
2. Manager under Rule of The Factory Rules of concern state.
3. Worker under Section 2 (l) of The Factory Act, 1948.
Here definition of Manager under Rule 2 (l) of The Punjab Factory Rules, 1952 does not include departmental manager like quality manager or HR Manager etc. because appointment intimation do not forwarded to Factory Inspector by occupier under section 7 (4) of factories Act, 1948 for appointment of departmental manager, so we can conclude that departmental manager are different from Manager under Rule of Factory Rules.
It is important to understand position of departmental manager under Factories Act, 1942. As per my understanding we can not import definition of workman under Section 2 (s) from the Industrial Dispute Act,1947 reason of this is objective of both Acts are entirely different.
The main object of the Factories Act, 1948 is to ensure adequate safety measures and to promote the health and welfare of the workers employed in factories whereas The Industrial Disputes Act, 1947 makes provision for the investigation and settlement of industrial disputes and for certain other purposes.
This is important to find categorization of departmental manager under Factories law only. We have to check definition of worker minutely because departmental manager can not be Occupier under Section 2 (n) of The Factory Act, 1948 or Manager under Rule 2 (l) of The Punjab Factory Rules, 1952.
There is only category left under Factories Act, 1948 i.e. “Worker” means a person employed directly or by or through any agency (including a contractor) with or without knowledge of the principal employer, whether for remuneration or not, in any manufacturing process, or in any other kind or work incidental to, or connected with, the manufacturing process or the subject of the manufacturing process but does not include any member of the armed forces of the Union. [Section 2(1)]
The definition contains following ingredients :
There should be an ‘employed person’
Meaning of the word “employed”: The concept of “employment” involves three ingredients, viz. employer, employee, and contract of employment. The ‘employer’ is one who employs, i.e., one who engages the services of other persons. The ‘employee’ is one who works for another for hire. above understanding comes from case law of Chintaman Rao v. State of M.P. AIR 1958 S.C. 388 which said that :
The employment is the contract of service between employer and employee where under the employee agrees to serve the employer subject to his control and supervision. The prima facie test for determination of the relationship between the employer and employee is the existence of the right of the employer to supervise and control the work done by the employee not only in the matter of directing what work the employee is to do but also the manner in which he shall do his work.
Employed in work incidental to process: This clause is very important because it enlarges the scope of the term, manufacturing process.
Following illustrative cases will clarify the meaning of this clause:
(1) In Shinde v. Bombay Telephones, 1968 (11) LLJ 74, it was held that whether the workman stands outside the factory premises or inside it, if his duties are connected with the business of the factory or connected with the factory, he is really employed in the factory and in connection with the factory.
(2) In Works Manager, Central Rly. Workshop Jhansi v. Vishwanath and others, it was held that the definition of worker does not exclude those employees who are entrusted solely with clerical duties, if they otherwise fall within the definition of ‘worker. Timekeepers employed to maintain attendance of the staff, job cards particularly of the various jobs under operation, and time- sheets of the staff engaged in production of
spare parts, repairs, etc.; and head time-keeper who supervise the work of the time-keepers, perform work which is incidental to or connected with the manufacturing process carried on in the factory and would therefore, fall within the definition of the worker in the Act.
Now it is very important to understand nature of work of departmental manager. whether departmental manager works under supervision and control of employer or departmental manager have liberty to work as per his discrition.
In Shankar Balaji Waje v. State of Maharashtra, AIR 1963 Bom. 236, the question arose whether bidi roller is a worker or not. The management simply says that the labourer is to produce bidies rolled in a certain form. How the labourer carried out the work is his own concern and is not controlled by the management, which is concerned only with getting bidies rolled in a particular style with certain contents. The Supreme Court held that the bidi roller is not a worker.
The whole conception of service does not fit in well with a servant who has full liberty to attend to his work according to his pleasure and not according to the orders of his master. Where the employer did retain direction and control over the workers both in manner of the nature of the work as ‘also its details they will be held as workers.
In State of Kerala v. R.E.DSouza; Women and girls employed in peeling, washing etc., of consignment of prawns brought on the premises at any time of the day or night, without any specified hours of work and without any control over their attendance or the nature, manner or quantum of their work and who after finishing the work go to other premises in the locality where similar consignment of prawns are received, are not Workers.
So deciding factor about category of departmental manager whether falls under definition of worker or not; working conditions under employment are required to examine like:
1. whether departmental manager working hours is as per his own sweet will or not?
2. whether departmental manager working method is out of employer supervision or not?
3. whether departmental manager working is out of employer control or not?
if answer of above three question's answer are "No"; then departmental manager falls under definition of worker if his works within factory for manufacturing process or not.
if answer of above three question's answer are "Yes"; then departmental manager do not falls under definition of worker even he works within factory for manufacturing process.
In question of whether all employees are workers court said as below:
Since the word employee has not been defined in the Act it follows that all the workers within the ambit of the definition under the factories Act would be employees, while all employees would not be workers (Harbanslal v. State of Karnataka, (1976)1 Karnt.J.111).
All persons employed in or in connection with a factory whether or not employed
as workers are entitled to the benefits of the Act (Union of India v. G.M. Kokil, 1984 SCC (L&S) 631).
Once it is established prima facie that premises in question is a factory within the meaning of the Act, the provisions of Section 103 as to the presumption of employment are immediately attracted and onus to prove the contrary shifts to the accused (Prafulbhai Patadia v. The State, 1976 (12) E.L.R. 329).
From Malaysia, Seremban
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In this case, can anybody tell me if it is permitted to work 48 hours in a month (12/week*4=48) in a construction company? If so, it will total 144 hours in a quarter, where it must not exceed 50 hours. Is this acceptable?
From India, Madras
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From India, Madras
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Dear All,
Kindly help me to provide any notification for the following points:
1. Has the quarterly limit been extended from fifty to seventy-five, and now it stands at 115? If yes, kindly provide me with the amendment.
2. Can females in Gujarat work in factories until 9 pm?
Awaiting the answer.
Regards,
Sanjay Parikh
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Kindly help me to provide any notification for the following points:
1. Has the quarterly limit been extended from fifty to seventy-five, and now it stands at 115? If yes, kindly provide me with the amendment.
2. Can females in Gujarat work in factories until 9 pm?
Awaiting the answer.
Regards,
Sanjay Parikh
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With amended factory act how many hours in quarter per person we can give OT?
· Do we have to get exemption for same from DISH office?
· Do DISH really give permission or is not worth approaching them?
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· Do we have to get exemption for same from DISH office?
· Do DISH really give permission or is not worth approaching them?
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Dear Member, Plz specify the Act under which you are searching OT maximum limit in state of Haryana. R N KHOLA
From India, Delhi
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From India, Delhi
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Factories Act.doc
LIST OF HOLIDAYS UNDER FACTORIES ACT - ANDHRA PRADESH.pdf