Every state is specified by its own Act. As under the Shops & Establishment Act, the maximum working hours per day is 9 hours (with 1 hour break), 48 hours per week and with a Spread over of 11 hours in a day.
As per Factories Act, working hours should not exceed 9 hours in a day and 48 hours in a week as per Section 51 of the act. As the working hoursof the workers should go for 9 hours a day which in case exceeds the weekly clsinghours more than 48 hours, the exceeding hours shall be paid an OT at a rate of double the wages as per Section 59 of this act.
Under the Section 56, the Spreadover of 10 and half hours a day is the maximum work hours for an adult worker. If the factory wishes to increase the working hours it can applied through writing it to the Factories Inspector to increase the same but should not exceed 12 hours a day.
Hope you were looking for the above information.
23rd April 2013 From India, Visakhapatnam
4.1 Section 51 of the Factories Act, 1948 prescribes that no adult worker shall be required or allowed to work in a factory for more than forty-eight hours in any week. Further, Section 54 stipulates that subject to the provision of Section 51 no adult worker shall be required or allowed to work in a factory for more than nine hours in any day. However, there is a provision to this section which states that subject to the prior approval of the Chief Inspector, the daily maximum hours specified in Section 54 may be exceeded in order to facilitate the change of shifts.
4.2 Section 52 of the Act states that no adult worker shall be required or allowed to work in a factory on the first day of the week i.e. weekly holiday.
Section 53 of the Act ,further, states that if the worker is deprived of any of the weekly holidays for which provision is made in Section 52, he shall be allowed, with in the month in which the holidays were due to him or with in the two months immediately following that month , compensatory holidays of equal number to the holidays so lost.
Section 55 of the Act lays down that the periods of work of adult workers in a factory each day shall be so fixed that no worker shall work for more than 5 hours before he has had an interval for rest of at least half an hour. The Chief Inspector of Factories can exempt any factory from this provision so however that the total number of hours worked by a worker without an interval does not exceed six.
4.3 Section 56 of the Act stipulates that the period of work of an adult worker in a factory shall be so arranged that, inclusive of his intervals for rest under Section 55, it shall not spread over more than ten and half hours on any day. The Chief Inspector, may, however, increase the spread over upto twelve hours on specific grounds.
Sec 59(1), it has to be paid on "ordinary rate of wages".
(2) defines ordinary rates of wages as basic wages plus such allowances as the worker is entitled for the time being excluding bonus & wages for overtime.
Hope the above is in order for your consideration and knowledge. Thanks!
23rd April 2013 From India, Visakhapatnam
1. Maximum normal working hours on any day for a worker in a Factory cannot be more than 9 hours.
2. Maximum normal weekly working hours cannot be more than 48 hours.
3. Workman has to be given at least ½ hour rest after maximum of continuous working of 5 hours.
4. Maximum stay of any worker in the factory cannot be more than ten and half hours including rest intervals.
5. Workman can be required to work on overtime over and above 9 hours to a maximum of 50 hours in a quarter which means workman is allowed to work on overtime for approx. Four Hours extra in a week.
For certain industry (continius) appropriate government can allow for maximun 75 hours of OT in a quarter.
6. If workman is required to work on his weekly off he should get the off before the 11th day. i.e. There should be minimum one weekly off in span of ten days.
7. If due to work exigency he is complled to work on weekly off even on 10th day he should be give Compensatory Off and not Over Time.The worker should avail the leave (the CO) within three months of its generation. The provisons applies to Factories which has been exempted for section .52 or else it is must to provide WO latest on the 10 the day which means either three days before or three days after the week.
8. Generally - Every person working in a Factory is a "workman" for the provisions of Factories Act except - for the provisions of OT where managerial manpower is exempted.
9. Even female employees irrespective of their designations like Manager etc. are governed by Factories Act hence there is restriction of working hours noramlly they can be allowed from 07 a.m. to 06 pm. The appropriate government can issue permission to allow them from 06:00 a.m. to 10:00p.m. to certain industries with certin conditions like providing them transportaiton and security.
10. Every Factory should publish the work hours (shift schedules) for differt relays (shifts ABC) of employees (if it is continous industry) and follow that pattern normally.
11. There should not be overlap of relays. Which means there should not be two groups (sets) of workers on the same jobs and attending duries in different time slots e.g. one group has time 06:00 to 14:00 and another 07:00 to 15:00.
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24th April 2013 From India, Mumbai