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murali_chermas
hi
IN our company there is no overtime system. one of my employee working between 10.30am to 10.00 pm that is 11.30 hrs, but we give breaks to him with in every 4 hrs. total working hrs is not more than 8 hrs clarify me

From India, Vijayawada
Anita P Panicker
127

Hi Murali,

What you are doing is not legally right, your license can be cancelled. So kindly go through the Factories Act, specially the details of Working Hours of Adult furnished below for your perusal.

WORKING HOURS OF ADULTS

CHAPTER VI

WORKING HOURS OF ADULTS

51.

Weekly hours.

51. Weekly hours. No adult worker shall be required or allowed to

work in a factory for more than forty-eight hours in any week.

52.

Weekly holidays.

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.

39

(2) Notices given under sub-section (1) may be cancelled 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 cancelled, 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.

53.

Compensatory holidays.

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 of the holidays so lost.

63

(2) The State Government may prescribe the manner in which the

holidays for which provision is made in sub-section (1) shall be

allowed.

54.

Daily hours.

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:

1*[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.]

55.

Intervals for rest.

55. Intervals for rest. 2*[(1)]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*[(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.

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 spreadover more than ten and a half

hours in any day:

40

Provided that the Chief Inspector may, for reasons to be

specified in writing, increase the 5*[spreadover up to twelve hours].

57.

Night shifts.

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 twentyfour

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

----------------------------------------------------------------------

1. Added by Act 25 of 1954, s. 10.

2. S. 55 renumbered as sub-section (1) of that section by s. 11,

ibid.

3. Subs. by Act 40 of 1949, s. 3 and Sch. II, for "The period".

4. Added by Act 25 of 1954, s. 11.

5. Subs. by Act 94 of 1976, s. 24, for the words "spreadover to

twelve hours" (w.e.f. 26-10-1976).

64

ends, and the hours he has worked after midnight

shall be counted in the previous day.

58.

Prohibition of overlapping shifts.

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.

1*[(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.

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 fortyeight

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*[(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 foodgrains 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

41

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

earning 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

---------------------------------------------------------------------

1. Subs. by Act 25 of 1954, s. 12.

2. Subs. by Act 94 of 1976, s. 25, for sub-sections (2) and (3)

(w.e.f. 26-10-1976).

65

through the concessional sale to workers of foodgrains 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.]

1*[(4) The cash equivalent of the advantage accruing through the

concessional sale to a worker of foodgrains and other articles shall

be computed as often as may be prescribed on the basis of the maximum

quantity of foodgrains 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 .8

and .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 foodgrains 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.

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.

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

42

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

---------------------------------------------------------------------

1. Subs. by Act 25 of 1954, s. 13.

66

periods would not be working in contravention of any of the provisions

of sections, 51,52,54, 1*[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

where-under 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, a copy of the notice referred to in subsection

(1) shall be sent in duplicate to the Inspector before the day

on which work is begun in the factory.

(10) Any proposed change in the system of work in any factory

which will necessitate a change in the notice referred to in subsection

(1) shall be notified to the Inspector in duplicate before the

change is made, and except with the previous sanction of the

Inspector, no such change shall be made until one week has elapsed

since the last change.

---------------------------------------------------------------------

1. Subs. by Act 25 of 1954, s. 14, for "55 and 56".

67

62.

Register of adult workers.

62. Register of adult workers. (1) The manager of every factory

shall maintain a register of adult workers, to be available to the

Inspector at all times during working hours, or when any work is being

carried on in the factory, showing--

(a) the name of each adult worker in the factory;

(b) the nature of his work;

43

(c) the group, if any, in which he is included;

(d) where his group works on shifts, the relay to which he

is allotted;

(e) such other particulars as may be prescribed:

Provided that, if the Inspector is of opinion that any muster

roll or register maintained as part of the routine of a factory gives

in respect of any or all the workers in the factory the particulars

required under this section, he may, by order in writing, direct that

such muster roll or register shall to the corresponding extent be

maintained in place of, and be treated as, the register of adult

workers in that factory.

1*[(1A) No adult worker shall be required or allowed to work in

any factory unless his name and other particulars have been entered in

the register of adult workers.]

(2) The State Government may prescribe the form of the register

of adult workers, the manner in which it shall be maintained and the

period for which it shall be preserved.

63.

Hours of work to correspond with notice under section 61 and

registerunder

section 62.

63. Hours of work to correspond with notice under section 61 and

register under section 62. No adult worker shall be required or

allowed to work in any factory otherwise than in accordance with the

notice of periods of work for adults displayed in the factory and the

entries made before-hand against his name in the register of adult

workers of the factory.

64.

Power to make exempting rules.

64. Power to make exempting rules. (1) The State Government may

make rules defining the persons who hold positions of supervision or

management or are employed in a confidential position in a factory

2*[or empowering the Chief Inspector to declare any person, other than

a person defined by such rules, as a person holding position of

supervision or

---------------------------------------------------------------------

1. Ins. by Act 94 of 1976, s. 26 (w.e.f. 26-10-1976).

2. Ins. by s. 27, ibid. (w.e.f. 26-10-1976).

68

management or employed in a confidential position in a factory if, in

the opinion of the Chief Inspector, such person holds such position or

is so employed], and the provisions of this Chapter, other than the

provisions of clause (b) of sub-section (1) of section 66 and of the

proviso to that sub-section, shall not apply to any person so defined

1*[or declared]:

1*[Provided that any person so defined or declared shall, where

the ordinary rate of wages of such person 2*[does not exceed the wage

limit specified in sub-section (6) of section 1 of the Payment of

Wages Act, 1936, as amended from time to time] be entitled to extra

wages in respect of overtime work under section 59.]

(2) The State Government may make rules in respect of adult

workers in factories providing for the exemption, to such extent and

subject to such conditions as may be prescribed--

44

(a) of workers engaged on urgent repairs, from the

provisions of section 51,52,54,55 and 56;

(b) of workers engaged in work in the nature of preparatory

or complementary work which must necessarily be carried

on outside the limits laid down for the general working

of the factory, from the provisions of sections 51, 54,

55 and 56;

(c) of workers engaged in work which is necessarily so

intermittent that the intervals during which they do

not work while on duty ordinarily amount to more than

the intervals for rest required by or under section 55,

from the provisions of sections 51, 54, 55 and 56;

(d) of workers engaged in any work which for technical

reasons must be carried on continuously 3*** from the

provisions of sections 51, 52, 54, 55 and 56;

(e) of workers engaged in making or supplying articles of

prime necessity which must be made or supplied every

day, from the provisions of 4*[section 51 and section

52];

(f) of workers engaged in a manufacturing process which

cannot be carried on except during fixed seasons, from

the provisions of 3*[section 51, section 52 and section

54];

---------------------------------------------------------------------

1. Ins. by Act 94 of 1976, s. 27 (w.e.f. 26-10-1976).

2. Subs. by Act 20 of 1987, s. 21 (w.e.f. 1-12-1987).

3. The word "throughout the day" omitted by Act 25 of 1954, s. 15.

4. Subs. by Act 94 of 1976, s. 27, for "section 52" (w.e.f. 26-10-

1976).

69

(g) of workers engaged in a manufacturing process which

cannot be carried on except at times dependent on the

irregular action of natural forces, from the provisions

of sections 52 and 55;

(h) of workers engaged in engine-rooms or boiler-houses or

in attending to power-plant or transmission machinery,

from the provisions of 1*[section 51 and section 52];

2*[(i) of workers engaged in the printing of newspapers, who

are held up on account of the breakdown of machinery,

from the provisions of sections 51, 54 and 56.

Explanation.--In this clause the expression "newspapers" has

the meaning assigned to it in the Press and Registration of

Books Act, 1867 (25 of 1867);

(j) of workers engaged in the loading or unloading of

railway wagons 3*[or lorries or trucks,] from the

provisions of section 51, 52, 54, 55 and 56;]

3*[(k) of workers engaged in any work, which is notified by

the State Government in the Official Gazette as a work

of national importance, from the provisions of section

51, section 52, section 54, section 55 and section 56.]

(3) Rules made under sub-section (2) providing for any exemption

may also provide for any consequential exemption from the provisions

of section 61 which the State Government may deem to be expedient,

subject to such conditions as it may prescribe.

4*[(4) In making rules under this section, the State Government

shall not exceed, except in respect of exemption under clause (a) of

sub-section (2), the following limits of work inclusive of overtime:-

45

(i) the total number of hours of work in any day shall not

exceed ten;

[B

(ii) the spreadover, inclusive of intervals for rest, shall

not exceed twelve hours in any one day:

Provided that the State Government may, in respect of any or all

of the categories of workers referred to in clause (d) of sub-section

---------------------------------------------------------------------

1. Subs. by Act 94 of 1976, s. 27, for "section 52" (w.e.f. 26-10-

1976).

2. Added by Act 25 of 1954, s. 15.

3. Ins. by Act 94 of 1976, s. 27 (w.e.f. 26-10-1976).

4. Subs. by Act 25 of 1954, s. 15, for sub-section (4).

70

(2), make rules prescribing the circumstances in which, and the

conditions subject to which, the restrictions imposed by clause (i)

and clause (ii) shall not apply in order to enable a shift worker to

work the whole or part of a subsequent shift in the absence of a

worker who has failed to report for duty;

1*[(iii) the total number of hours of work in a week,

including overtime, shall not exceed sixty;]

2*[(iv) the total number of hours of overtime shall not

exceed fifty for any one quarter.

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.]

(5) Rules made under this section shall remain in force for not

more than 3*[five years].

65.

Power to make exempting orders.

65. Power to make exempting orders. (1) Where the State

Government is satisfied that, owing to the nature of the work carried

on or to other circumstances, it is unreasonable to require that the

periods of work of any adult workers in any factory or class or

description of factories should be fixed beforehand, it may, by

written order, relax or modify the provisions of section 61 in respect

of such workers therein, to such extent and in such manner as it may

think fit, and subject to such conditions as it may deem expedient to

ensure control over periods of work.

(2) The State Government or, subject to the control of the State

Government, the Chief Inspector, may by written order exempt, on such

conditions as it or he may deem expedient, any or all of the adult

workers in any factory or group or class or description of factories

from any or all of the provisions of sections 51, 52, 54 and 56 on the

ground that the exemption is required to enable the factory or

factories to deal with an exceptional press of work.

4*[(3) Any exemption granted under sub-section (2) shall be

subject to the following conditions, namely:--

(i) the total number of hours of work in any day shall not

exceed twelve;

---------------------------------------------------------------------

1. Ins. by Act 94 of 1976, s. 27 (w.e.f. 26-10-1976).

2. Cl. (iii) renumbered as cl. (iv) by s. 27, ibid. (w.e.f. 26-10-

1976).

3. Subs. by s. 27, ibid., for "three years" (w.e.f. 26-10-1976).

4. Subs. by s. 28, ibid, for sub-section (3) (w.e.f. 26-10-1976).

70A

46

(ii) the spreadover, inclusive of intervals for rest, shall

not exceed thirteen hours in any one day;

(iii)the total number of hours of work in any week,

including overtime, shall not exceed sixty;

(iv) no worker shall be allowed to work overtime, for more

than seven days at a stretch and the total number of

hours of overtime work in any quarter shall not exceed

seventy-five.

Explanation.--In this sub-section "quarter" has the same meaning

as in sub-section (4) of section 64.]

1* * * * *

66.

Further restrictions on employment of women.

66. Further restrictions on employment of women. (1) The

provisions of this Chapter shall, in their application to women in

factories, be supplemented by the following further restrictions,

namely:--

(a) no exemption from the provisions of section 54 may be

granted in respect of any woman;

(b) no woman shall be 2*[required or allowed to work in any

factory] except between the hours of 6 A.M. and 7 P.M.

Provided that the State Government may, by notification

in the Official Gazette, in respect of 2*[any factory

or group or class or description of factories,] vary

the limits laid down in clause (b), but so that no such

variation shall authorize the employment of any woman

between the hours of 10 P.M. and 5 A.M.;

3*[(c) there shall be no change of shifts except after a

weekly holiday or any other holiday.]

(2) The State Government may make rules providing for the

exemption from the restrictions set out in sub-section (1), to such

extent and subject to such conditions as it may prescribe, of women

working in fish-curing or fish-canning factories, where the employment

of women beyond the hours specified in the said restrictions is

necessary to prevent damage to, or deterioration in, any raw material.

(3) The rules made under sub-section (2) shall remain in force

for not more than three years at a time.

---------------------------------------------------------------------

1. Sub-section (4) omitted by Act 94 of 1976, s. 28 (w.e.f. 26-10-

1976).

2. Subs. by s. 29, ibid., for certain words (w.e.f. 26-10-1976).

3. Ins. by Act 25 of 1954, s. 17.

Regards

Anita

From India, Mumbai
murali_chermas
thank u for your guidance
but we having 8 hours duty only
the employee comes at 10.30 am goes at 9.30 pm in a weak for 4 days. inbetween these working hrs we give 3 hrs break
it comes to 8 hrs
in 2 days he comes at 1.00 pm goes at 10.00 pm. in between these working hrs we give 1.5 hrs break it comes to 7.5 hrs only. the total working hrs in a week also less than 48 hrs. so i think there is no over time.
if any thing wrong clarify me madam
thank u

From India, Vijayawada
Anita P Panicker
127

Dear Sir,
Please read the above matter properly,
45
(i) the total number of hours of work in any day shall not
exceed ten;
[B
(ii) the spreadover, inclusive of intervals for rest, shall
not exceed twelve hours in any one day:
Provided that the State Government may, in respect of any or all
of the categories of workers referred to in clause (d) of sub-section
Regards
Anita

From India, Mumbai
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