Labour Law & Hr Consultant
Educator, Management Consultant & Trainer
Hr / Ir
Will you pl mind going through sections 51, 54,55 and 56 of the Factories Act,1948? In addition, better you bear in mind certain other definitions also viz 'day', 'week', 'group', 'relay' and 'shift' in order to realize the implications of the restrictions imposed under these sections.
No adult worker shall be required to work more than 48 hours in a week(sec.51).
Daily working hours shall not exceed 9 hours subject to the limit of 48 hours in a week. Therefore it implies that the employer can not require the workers to work for 9 hrs/day on all the six working days in a week.( sec.54).
Every continuous stretch of 5 hours work shall be followed by a rest interval of at least half-an-hour ( sec.55).
The maximum spread over of working hours in a day shall be 10 1/2 hrs including the rest interval. (sec.56).
Even the enabling provisions in special and specific cases to exempt from sections 51,52,54 and 56 are subject to the restrictions under sec.65 (3) viz (i) total no of daily working hours shall not exceed 12 (ii) spread over shall not be more than 13 hrs. (iii) weekly hours inclusive of OT shall not exceed 60.and (iv) no OT for more than 7 days at a stretch and the total quarterly hours of OT should not be more than 75.
Therefore, your existing practice and the expectations of your workmen for its enlargement are certainly violation of law and better avoid it.
27th June 2016 From India, Salem
27th June 2016 From India, Basti
i am confused about restriction of over time hour...
section 56 state that working hour should not exceed 10 and half hour inclusive intervals however section 64, 65 state that 12 hour working is allowed, not exceed 60 hour in week and OT should Not exceed 75 hour in quarter,
pls tell me how can i get exemption from section 51,54,55,56 of factory act. as the workers want to work 12 to 15 hour everyday therefore we want to go for section 64, 65 of factory act. which allowed more working hour as compare to section 51'54'55'56, pls guide me how to apply for section 64'65
27th June 2016 From India, Basti
28th June 2016 From India, Kalyan
I can only say that your confusion would be worse confounded if you persist on thinking over the individual limits prescribed for each aspect of work like daily working hours, hours of rest in between, length of spread over, over time hours per diem as well as per week and quarter in an isolated manner. It is the universal convention that a day shall be spent by a human being with 8 hours of work, 8 hours of leisure and 8 hours of sleep to ensure his efficiency of work and longevity of life. That is why different limiting standards are prescribed in respect of those aspects of work and it is imperative that you have to read them together in a conjunctive manner.Just because you have more orders now to be completed with the same no of workmen at your disposal and your present group of workmen also have a python-like appetite for more earnings, you will not be simply granted the exemption. Other pertinent reasons like the very nature of the manufacturing process to be that of a continuous one or a special type of one involving only a highly trained group of workmen or an abnormal situation of emergency warranting national security or public health etc should be there. Have some introspection over the principles genuinely underlying the statutory limitations on over time work and higher rate of wages. If a particular amount of work can be accomplished by employing a single worker for 8 hours on normal wages and 7 hours on twice the rate of normal wages without any break, will it not be economical to employ another man on normal wages for the remaining 7 hours in stead?. Restrictions on over time work is not to impede the flow of the work of the industry but only to protect the health of the working class by retaining its efficiency and promote employment opportunities in an equitable manner.
If all the workmen are your direct labour and are paid on monthly basis, it will not be difficult for you to understand the import of these restrictive provisions. Certainly, you can not eat the cake and have it too!!!
28th June 2016 From India, Salem
What Mr. Umakanthan.M has explained over and above I would like to submit the following.
You have not mentioned the nature of your industry. It has been noticed time and again that on continuous basis OT always lead to accident due to fatigue. Moreover, as mentioned earlier there will be violation of many sections of Factories Act. Even economically 4 hrs OT is equivalent to one full man day i.e 8 hrs payment. Better engage temporarily some employees to manage temporary work load. If it is permanent nature of work load, do proper manpower planning complying Factories Act properly to select manpower per shift.
Thanks & regards,
S K Bandyopadhyay
USD HR Solutions
+91 98310 81531
28th June 2016 From India, New Delhi
Exemption is something very very difficult rather next to impossible.Mr. Umakanthan is a retired officer from Labour department , has given you legal clarifications/ obligation. If your plant is making a product/ services which otherwise can not be met even with engaged labour , else product will perish or spoil or blast may take place and you if can prove that specially trained workmen none other than those doing regular jobs can only attend then you may approach for exemption seeking from OT provision and limits given in the Act.This is not easy thing to go and obtain.
I wish to suggest to work on cost economy formula, as one of the workable and alternate strategy. You may engage casuals, badli workmen , apprentices as substitute so that cost is not increasing. Payment of OT is not good for any industry for longer duration and secondly OT amount is actually equal to or more than even normal daily wages.By this , you will have road ahead.
Director-Future Instt of Engg and Mangement Technology
labour law Advisor
28th June 2016 From India, Delhi
28th June 2016 From India, Jamshedpur