Umakanthan53
Labour Law & Hr Consultant
Mohanty68
Adminstration Head
+1 Other

As it is said that spread overs should not be more than 10 1/2 hours including rest intervals.... Kindly explain what 10 1/2 hours constitute.
I mean if daily hours cannot be more than 9 hours a day and interval of rest of 1/2 hour for every working of 5 hours then what other parameters are to be considered for 10 1/2 hours.
Regards
Vikas
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Thxx for our reply but My question doesn't corresponds with the answer given. I already know about weekly hours working. My question is regarding spread overs and that to restricted to the (not more than 10 1/2 hours including rest intervals).I want to know what does 10 1/2 hours constitutes or to be more precise how can it be broken into daily hours and rest intervals and other thing so that it comes to a total of 10 1/2 hours.
Regards
Vikas
Dear Vikas,
' Spread Over ' is the maximum span of time an employee is under the disposal of his employer inclusive of the periods of rest.It varies according to the legislation applicable to the establishments. In the case of Shops and Establishments, the spread over is 12 hours and for factories, it is 10 1/2 hours a day for example.It is the nature of the work or activity being carried out in an establishment is the determinent. Half-an-hour is the minimum rest intervel prescribed. No harm in giving more duration of rest or more than one intervel of rest depending upon the nature of work.
Thank you sir for such an elaborate illustration..
But I still have a query as if the daily hours are 9 hours a day and rest interval for a minimum of half hours which gives us the total of 9 1/2 hours. So the rest 2 hours left(spread overs not more than 10 1/2 hours) depends on the work and activity in the premises. Please correct me if I am wrong
I have two more queries
1)Who are health officers as per factories act 1948 and how do they differ from certifying surgeons as per factory act 1948.?
2) And does site appraisal committee constituted by the state government has power to reject an application for hazardous process and if it has rejected the concerned application does the state government has power to still grant permission for hazardous process.
Regards
Vikas
Dear Vikas,

[1]To explain alternatively, spread-over is the gap between the check-in time for work and the check-out time from work.Within this time-frame rest intervals can be allowed sticking to the minmum duration depending upon the job-requirements.

[2]Under Sec.10 of the Factories Act,1948, Certifying Surgeons are appointed by the State Government area wise or classes of factory wise.The Certifying Surgeon shall carry out such duties as may be prescribed in connection with: (1) examination n certification of young persons under the Act (2) the examination of persons engaged in factories in such dangerous occupations as may be prescribed, (3) the exercising of such medical supervision for any factory or class or description of factories where (i) cases of illness have occurred which it is reasonable to believe are due to the nature of manufacturing process carried on or other conditions of prevailing therein.(ii) by reason of any change in the manufacturing process carried on or in the substances used therein or by reasons of the adoption of new mfg process for use, there is a likelihood of injury to the health of workers employed therein (iii) young persons are about to be employed in any work which is likely to cause injury to their health.

Whereas, under the State Factory Rules ( for instance rule 62-O of the TN Factory Rules,1950) in addition to maintaining Occupational Health Centers, any factory carrying on hazardous process should have a FACTORY MEDICAL OFFICER on retainer basis for carrying out pre-employment and periodical medical examination and rendering medical assistance during any emergency.

[3] THE SITE APPROVAL COMMITTEE contituted u/s 41-A is only an advisory body to advise the State Govt to consider applications for grant of permission for the initial location of the factory involving hazardous process or for expansion of any such factory. Therefore it may recommend rejection of the application on account of the deficiencies in its opinion.If you look at the number and qualifications of the members of the Committee and its purpose, no prudent Govt will take a decision in its plenary power contradictory to the advice of the Committee.
I have query that, as per factory if a person works more than 9 hours in a day and 48 hours in a week eligible for overtime payment.
Secondly, employer must give 1/2 hrs break for every 5 hours working. For example if the duty starts 9.30am and ends 17.30(9 hrs). When he will get rest interval and how many hours exactly he worked.
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