Labour Law & Hr Consultant
Process Industry Consultant / Soft Skill
If my understanding of Sec.52 of the Factories Act,1948 is wholistic and hence correct, I wish to point out that your interpretation of the section gets either diffused or distracted because of the word " substitution " employed in the rider clause to the section. Let's analyse the section in the seriatim of its sub-sections with your own illustration so that we can reach a clear-cut understanding of the section in its entirety.
(1) Normally, no adult worker shall be allowed or asked to work on the first day of the week i.e.,Sunday or "the said day". [ sec.52(1) ]
(2) However, he can be allowed or asked to work on "the said day" i.e., Sunday provided that EITHER he was given a holiday of a wholeday in the immediately preceeding Saturday(3) or Friday(2) or Thursday(!) OR he wil be given a day's holiday in the succeeding Monday(1) or Tuesday(2) or Wednesday(3). [clause a of ss (1) of sec.52]
(3) The above requirement is subject to the delivery of a notice containing the particulars of "the said day" and the day of the substituted holiday in lieu thereof to the Factories Inspector AND display of the same in the factory. [ sub-clauses (i) and (ii) of Clause (b) of sec.52(1) ]
(4) Again, the proviso to Sec.52(1) imposes a restriction that the substitution shall not result in more than 10 consecutive working days without a holiday. The stretch of consecutive working days commences from the next day after the last weekly holiday allowed to the worker and ends up with the day just before the substituted holiday inclusive of "the said day" for which substitution is made.
Now, coming to your illustration, M(1) to T(9) is the stretch of consecutive working days inclusive of "the said day" ( S7) for which holiday is allowed on the 10th day. M1 to T9 comprises of only 9 consecutive working days. It is true that prior to S7, he works on all the six days continuously without a holiday; but it is actually true that on the succeeding Wednesday ( the 10th day after the stretch of consecutive working days and the 3rd day after S7) he gets a holiday.
7th September 2015 From India, Salem
As quoted by you "The stretch of consecutive working days commences from the next day after the last weekly holiday allowed to the worker and ends up with the day just before the substituted holiday inclusive of "the said day" for which substitution is made".
a)If substituted holiday is before the said day-TH,FRI,SAT (SUN-SAID DAY)
b)If substituted holiday is after the said day-(SUN-SAID DAY)MON,TUE,WED
Now in case a) he takes a substituted day suppose on Thursday and works on Sunday then he will be having leave again on Thursday(counting from Friday)(correct me if i am wrong)and same is the case with (B) where he takes leave on any three days after the said day
So if section 52 restricts[clause a of ss (1) of sec.52] by saying that three days before and three days after the said day substitution can be taken then how come the proviso says that @no working for more than 10 already a restriction has been imposed where 10 more than ten days working is not possible.
may query may be a bit out of the way but i am confused on more than 10 days working proviso as to the existence of it when more than ten days working is not possible(as per section).
7th September 2015 From India, Calcutta
Factories Act is an establishment-related enactment with the primary objective of regulating employment therein. Certain manufacturing activities are of such a continuous nature that the factory has to be run on 24 x 7 basis. In such cases, engagement of labour has to be on shift basis which again has to be on rotation of the entire labour among the shifts. Therefore, weekly-off can not be granted regularly on a particular day of the week and as a sequel to this practical bottle-neck, the adherence of the principle of "6 days continuous work followed by the 7th day of rest" will not be also possible at times. So, a restriction has to be in place in order to regulate the relaxations one way or the other.
8th September 2015 From India, Salem
Thanks a lot sir for clearing my doubts regarding weekly holiday proviso.Now I understood as continuous process & shifts affects the implementation of 6 days working and as such the proviso comes in light.
Sir, would you please throw some light on shift working.How shift working process takes places.Some places there are three shifts some places four..then there is a general shift.Each period defined is called a shift and sets of workers are defined as relay.
But i dont know the process as to how it is all done.
8th September 2015 From India, Calcutta
Continuous Process Industries have a spot for every location that needs monitoring. Every spot is manned 24 hours 7 days a week. Suppose there are ten spots that are to be covered in a plant in every shift. The manpower planning is done as three and half person per spot. Since there cannot be half a person, it is fixed as 4 persons per spot. The fourth person is referred as reliever.
The people who attend round the clock shift are divided into groups say A,B C,D,E,F and G. The people in A group will have weekly off on say Monday, B group will have off on Tuesday, C group will have off on Wednesday and so on. From A to G all groups will have 5 persons each. Groups are combined in a pattern A and D, B and E, C and F...so on. The running shift people therefore get a weekly off after every six days. For three days a week the reliever may come in the general shift.
A shift schedule is drawn and it follows a cyclic pattern.
8th September 2015 From India
Thanking you for providing information regarding shifts.Sir,with due respected can you provide more information on your statement "The manpower planning is done as three and half person per spot. Since there cannot be half a person, it is fixed as 4 persons per spot".Is there any calculation of total number of persons on any day involved to get three and half person spot.
Secondly group combination is done in a pattern so that they get weekly off(correct me if i am wrong sir)
Sir, IS the general shift is of administrative staff or its related to workers shift?
IS every shift is divided into a time slot of 8 hours?
Do these 8 Hours include lunch break...what about those who are coming during the night and have eaten their dinner at home.Is still any break is given after working of five hours?
Sir,i would be highly grateful to you if you provide more details regarding shifts in manufacturing process.?
9th September 2015 From India, Calcutta
According the clarifications made above, consecutive days should not be more than 10.
According to my interpretation, in anyway 10th day will be the off day. There need not be any specific restriction regarding that, if I am correct.
Anyhow, how unethical employers would have exploited their workers if the 10 days restriction had not been there?
Respected Seniors kindly clarify my confusion.
9th September 2015 From India, Kolkata
I have attached a shift schedule with two spread sheets one below the other in a word doc.
One shows detailing for one spot and the other shows detailing for two spots.
After going through this attached file, I hope you will get some clarity.
There is a practice by which that you can give a weekly off after FOURTH day and before TENTH day.
You need not always wait for six days. This is to adjust the shift schedule.
This range of four to ten days gives flexibility between one OFF and another OFF.
It is done once in a while and not every week.
11th September 2015 From India
Thank You once again for the attached file.Sir,the second spreadsheet information written ( the second and third last line )are embedded.The information in these two lines are not clear and cannot be edited as its a picture.I would be really thankful to you if you provide the two lines information (last third and second line on the second spreadsheet)
14th September 2015 From India, Calcutta
I tried to post the Xl sheet.
Unfortunately the system is rejecting it as an invalid file.
Any way please see the following comments written in the second page of the Xl sheet.
Seven persons can cover two spots with no reliever
The above table is just an illustration
In actual practice you have to provide for leave reserve - Extra person per spot / or sharing two spots
It also assumes that at-least some persons are competent to work in both the spots
Shift allocation is done randomly for illustration- In actual it may follow a cyclic pattern for smooth change over.
14th September 2015 From India
Thank You for providing me information related to shift working.Sir,does a company has to maintain a shift working policy manual and does this policy manual has to get authenticated with the inspector/chief inspector before implementing
Sir, giving you more trouble is there any systematic process of forecasting in a manufacturing industry.
If you have any such forecasting policy details i would be obliged.
15th September 2015 From India, Calcutta