Labour Law & Hr Consultant
Industrial Relations And Labour Laws
Sr. Hr Executive
Sr Hr Executive
You cannot make your employee to work for more than 09 hours a the breakup for it is 08 hours work and 01 hour break as per Maharashtra Establishment Act which is been enacted wef December,2017. Act says as under :
1. Subject to the other provisions of this Act, no adult worker shall be
required or allowed to work in any establishment for more than nine hours
in any day and forty-eight hours in any week. No adult worker shall be asked
to work continuously for more than five hours unless he has been given a
break of not less than half an hour:
Provided that, the working hours or weekly holiday may be relaxed in
case of work of urgent nature with the previous permission of the Facilitator.
2. Where a worker in any establishment is required to work beyond
nine hours a day or forty-eight hours a week, he shall be entitled, in respect
of the overtime work, wages at the rate of twice his ordinary rate of wages.
The total number of overtime hours shall not exceed one hundred and twentyfive
hours in a period of three months.
11th January 2018
12th January 2018 From India, Mumbai
Now if your management is restricting you from all the above, you can also be rules centric and bluntly say that 8 hours duty is what the law says. Yes, in respect of all clerical, administrative and sales employees other than managers who have supervisory and controlling authorities, the rules are same and they are workers only. But what makes them different from workers in practice is the nature of functions and their role in the hierarchy of the organisation.
I always support the law but at the same time, I always say that we should be practical.
12th January 2018 From India, Kannur
Most of companies are extends 10-12 hrs shift. some time paid over time and some time not. but we saw lot of issue related quality, productivity and as a HR point of view IR related issue raised one caused of working hrs. so while practicing more than 8 hrs be caution about legal compliance and other factors. However many employers are ignore working stretch hrs issue .
12th January 2018 From India
" Eight hours work per day " is an employment right earned by the working class masses out of the Philadelphia Declaration in 1919 which also gave rise to the formation of I.L.O later. However, as the gist of the right observation of Mr.Madhu suggests that practicality brings about principles, certain establishment-specific Labor Laws such as the Factories Act,1948, the Plantations Labor Act,1951, Mines Act,1952 permit a maximum of 9 hours per day work. But restriction is there in respect of total hours per week so that no employer can require his employees to work for more than 8 hours every day in the week. Therefore it implies that the no of the daily hours of work should be fixed in such a manner so that the aggregate does not exceed the total weekly hours.
Coming to your establishment, your working hours from 9-00A.M to 6-30 P.M with 30 minutes of lunch break constitute a spread-over of 9 hours and 30 minutes per day. In other words they work for 9 hours every day while they are at your disposal for 9 1/2 hours. If you multiply it for 6 working days in a week, their total weekly hours comes to 54 hours. As rightly mentioned by Mr. Manoj Kamble there are certain restrictions in your State's S&E Act. Sec.12 of the Maharashtra Shops and Establishments ( Regulation of Employment and Conditions of Service ) Act,2017 prescribes the normal working hours of a worker as 9 hours a day and 48 hours a week. Sec.14 of the Act limits the spread over to 10 1/2 hrs in a normal day and 12 hrs in a day of over time work, if any. Sec.15 of the Act entitles a worker to over time wages for work beyond 9hrs a day or 48 hrs a week. It implies automatically that for every hour over and above 48 hours in a week, he has to be paid over time wages subject to a maximum of 125 hours in a period of three months. A combined reading of sections 12, 14 and 15 would give you picture of maximum working hours of a worker as - (1) normal working hours per day 9 hours subject to a maximum of 48 hrs per week (2) weekly over time hrs 10.4 subject to a maximum of 125 hrs in a period of 3 months. In addition to the above, there is restriction on the opening and closing hours of the establishments to be imposed by the State Govt u/s 11 of the Act.
Always the statutory standards of conditions of employment are minimal only. You can adopt better standards and no harm in it. Therefore, my suggestion, in the long run interest of the establishment and all employees including the exempted categories employed therein, is that it is better to adopt the pattern of 6 day work week with 8 hours a day work.
14th January 2018 From India, Salem