Anonymous
There are 3 shifts in our factory- A shift from 6.00 am to 2.00 pm, B shift from 2 pm to 10 pm and C shift- 10 pm to 6 am and there are 6 working days (Sundays are off)
In a scenario when a worker works in the C shift on a Friday (ie. he comes at 10 pm on Friday night and leaves at 6 am on Saturday morning) and is called to work again in the B shift on Saturday (2 pm to 10 pm) instead of C shift, is he liable for overtime payment for B shift?
(Practically, in that particular day (Saturday), while he has worked for 16 hours (with gap in shifts), but in that week, he ends up working for 48 hours only!)

From India, New Delhi
Anonymous
[QUOTE=vnitritesh;2108925]
There was a typo error in the last line.
Read the last line as:
(Practically, in that particular day (Saturday), while he has worked for 6+8=14 hours (with gap in shifts), but in that week, he ends up working for 48 hours only!

From India, New Delhi
How come he works for 16 hours on Saturday, he worked for Friday 8 hours and Saturday 8 hours (since he/she is working in night shift does not count to be working for Saturday instead of Friday)
An employee who works beyond eight hours at a stretch are bound to pay overtime, but here the employee works for 8 hours and gets rest for 8 hours before starting his next shift of 8 hours. Here the employee cannot claim overtime since he/she works for total 48 hours in a week.
Before I conclude would like to ask, what is the total employee strength in your factory, as for facilities you can provide bunkers for the employee to rest during their break.
Seniors please advice if the above statement is wrong.

From India, Ahmadabad
Anonymous
Dear Saji,
Thanks for your quick reply.
- You are right that in an ideal case, the 8 hours of work done from Friday night to Saturday morning should be counted for Friday. However, if we refer to the definition of day as per S.2(e) of the Factories Act, it refers to a period of twenty-four hours beginning at midnight. This read with S. 54, limits the working hours in a day to a max of 9 hours (subject to S. 51). Hence if we count the no. of hours actually worked after midnight beginning Saturday, the worker ends up working (6+8=14) hours in Saturday.
- If the above is not to be counted as OT, will it make sense to call the worker in General Shift (9am to 5pm) also without giving him OT?
- Also, in a period of 24 hours, beginning the shift start on Friday (ie 10.00 pm), the worker is called twice to work.
- As far as facilities, currently we dont' have any facility of bunkers in the factory
Kindly suggest.

From India, New Delhi
Just asking for curiosity what is the harm if the employee work on Saturday Night till Sunday Morning and taking the Leave on Sunday and again joining back on Monday Night or any other shift. (If the Shift changes)
Normally people tend to do more than the allocated 8 hours during Shift Change, as the weekly hours should not exceed 48 hours.

From India, Ahmadabad
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:

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.

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.

As I understand this and with as per factory act first if he work more than 9 hours in a day then he is automatically become eligible for that day overtime second you should have maintain the gap of 24 hour after completion of working in one shift.With this maximum hours of working in whole week not more than 48 hours.

Thanks

From India, Pune
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