Is 10 Hours Working Schedule Is Legal Or Not? - CiteHR
Saswatabanerjee
Partner - Risk Management
Mahr
Head - Human Resources
Kishorkulkarni
Law Practice
Monica_p
Consultant
Jasmin_mlw
Manager Hr
Couvery
Consultant
Abhi16march
Manager Hr
Akatrap
Payroll, Domestic Inquiry, Administration,
+3 Others

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Dear Seniors,
My friend is working as Sr. Hr Executive in Pvt Ltd firm, where after long discussion and meetings, company came to rule that the working hours for normal shift will be 10 Hours, where working days are 6 days in week.
As well company ask to stretch it till 11 or 12 hours in day without any OT.
So I have two queries:
1: Is 10 hours shift is legal or not?
2: An employee can take action against this? Is there any harm will be there to employee in his future because of any legal action by him or her?
And for ths what My friend can suggest to her organisation management about this policy?

I don’t know it is under which section. But if it is six days working than employee can not log in more then 8.5 hours (Officially).
48 hours a week is mentioned in factory and also I D Act mentioned about working hours at a stretch is up to 9 hours only in a day/shift.
8hours work+15minutes for tea time twice means 30 minutes and 30 minutes for lunch.=9hrs. But when worked more then a shift of 8.30 hrs., pay overtime.
Shops and establishment mentioned stretch 11 hrs.

Thank you Seniors. They discuss the same thing with management. but management is not ready to follow the rules. What action they can take against this, because management is not at all supportive for them.
submit the photocopy of the act provisions as supportive document and if not accepting by them, leave it
Dear Manjiri,
Please refer Maharashtra Factory Rule 56, Wherein spread over of working hours are allowed up to 10 1/2 hours a day. Please note that there is difference in Working Hours and Shift timing.
Working Hours are the net hours of work whereas shift timing includes rest period also. In your case whether 10 hours shift includes Lunch timing, and other rest period. Please check & update us.
Normal Working Hours of the employee should not get excess of 48 hours in a week i.e. 6 working days.
Regards,
Avinash K.

Dear Member,

As Mr. Bhardwaj has mentioned regarding timing period, no one can take more work from employees. And if they want more work, they have to pay OT. Here I would like to tell u that nowadays most of the companies not following 100% legal compliance just to gain more work and money. And even head HR also knows this issue but after all management is superior. Moreover if you are planning to take any legal action against that company, first of all you have to understand all aspects and compliance under that action. Secondly you have to be fearless of terminating from the company as no company will desire its HR personnelís works against the company. Yes it is true that being HR personnel, we have to give 100% justification to employee and management. But our role is to make amicable climate between management and employees. Most of the time we have to do wrong work though we know all things.

So here I suggest you if you want to take legal action against management, go further with fearless attitude but in professional way. Meet ALC(Assistant Labour Commissioner) of your area and inform him/her about all the facts and your work will begin.

Any query, contact anytime.

Legally itís allowed 48 Hrs /Week for 6 working days. So itís come to 8 Hrs /Day. However If someone is working more than 48 hrs in a week; company must pay OT to the employee or ready to face the legal action.
Working time of 10 hours a day is illegal both for factories and shops / offices.

Only difference is in hotel / restaurants and movie halls where a break shift is allowed (shift broken into 2 parts, with employee allowed to go home for the break)

Further, max working hours can not exceed 48 hours a week.

Another point - over time can not exceed 2 hours a day under most statute, and the overtime should not be regular to the extent that it is considered as normal work time / shift.

Now, you have already told your management what the law requires you to do.

If they are not going to listen, you have 3 options :

- ignore the problem and live with it

- quit and move to another company

- file a complain with the labour commissioner with evidence where possible. You should file the complain anonymously or get one of the employee to file the complain without getting you involved. A worker filing the complain can not be terminated without causing more problem for the company, so he is protected better than you.

However, if you are involved in the complain, then it is likely to adversely affect your career as future employers will not want to recruit you.


Does these 48 hours are actual working hours ? Whether lunch hours should be counted extra ? or 48 hours include lunch hours ?

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