Saswatabanerjee
Partner - Risk Management
Manojkamble
Sr. Hr Executive
Nathrao
Insolvency N Gst Professional
+2 Others

Cite.Co is a repository of information and resources created by industry seniors and experts sharing their real world insights. Join Network
Maintenance section employees demanding 1 hour of rest for 4 hours of working ie working hours will get reduced by 3 hours (12 hour shift)
now the question is if thoes section of workers are eligible for OT or not.

From India, Jammu
Dear All,
Advice me for the demand put up by employees to give 1 hour rest for every 4 hour of working.Now the question arises that the working hours will be 8 hours in 12 hour shift (3 hour rest + 1 hour Lunch)
so weather they will be entitle for overtime or not .

From India, Jammu
First,
12 hour shifts are illegal.
Second, factory act requires each worker to be given a rest of at least half hour after every 5 hours of work.
The maintenance work is tiring and requiring physical, efforts.
So you need to take that into consideration

From India, Mumbai
If their actual hrs of work is only 8 they are not entitled for OT wages.In this case the spread over is 12 hrs .So you’re need approval of Factories Inspection.
From India, Thiruvananthapuram
Ah ! I misread the question. But will it be break shift if they are giving q hour breaks 3 times instead of 4 hour contagious breaks ?
From India, Mumbai
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.
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
So this makes it clear that such 12 hour shifts will not be permissible without specific permission of appropriate Labour Authority.

From India, Pune
It is essential to take permission from Factory Directorate before introducing 12 hrs shift with spread over. But one thing is not clear from your submission. Arithmetically, it is ok that in a 12 hrs shift with spread over- there is 3 hrs rest + 1 hr lunch + 8 hrs working hours = 12 hrs including spread over. But in actual when you allot the duty it will be either 3 hrs work + 1 hour rest + 3 hrs work + 1 hour rest +1 hour lunch + 2 hours work and the shift is ended. The total hours will be 11hrs including spread over. It may be 3 hrs work + 1 hr rest + 1 hour lunch + 3 hrs work + 1 hr break + 2 hrs work and the shift is ended = again 11hrs including interval of rest. How are you alloting job to fulfill 12 hrs spread over ? I have considered 1 hour rest for every 3 hours of work and 1 hr lunch break. Is there any other combination ? Please let us know .

In jute mill there is practice of 12 hrs shift with spread over where 1st 4 hours working hours then 4 hours rest and again 4 hours working hours.

There will be no OT if the working hours per day 8 hrs / 48 hrs per week. But there are organizations who offer OT/ special allowance if the job needs special attention. I will suggest to introduce some special allowance if needed but no OT as it is not necessary to pay OT as per Factories Act.

Thanks & regards,

S K Bandyopadhyay

USD HR Solutions

+9198310 81531




From India, New Delhi
Whether the spread over can be like this --
3 hours of work +1 hour of rest +2 hours of work +1 hour lunch time +2 hour rest +3 hours of work
This way the total spread over is limited to 12 hours (with permission from Factory Inspector).
The lunch interval will be availed after five hours of work.
Seniors can clarify and correct me if my calculation is wrong. because this is interesting.
B.Saikumar

From India, Mumbai
Hi,
As per Shops act u can implement spread hour shift which will resolve the problem. As per spread over shift you can streach shift till 12hrs with break of 3 hours in between. Hope this may resolve your problem.


This discussion thread is closed. If you want to continue this discussion or have a follow up question, please post it on the network.
Add the url of this thread if you want to cite this discussion.






About Us Advertise Contact Us
Privacy Policy Disclaimer Terms Of Service



All rights reserved @ 2020 Cite.Co™