Labour Law & Hr Consultant
Industrial Relations And Labour Laws
Sr. Hr Executive
Sr Hr Executive
+1 Other

Cite.Co is a repository of information and resources created by industry seniors and experts sharing their real world insights. Join Network
My current company's office timings are from 9 am to 6.30 pm with a half and hour lunch break and we work 6 days in a week. I would like to know whether this office timing is correct or we need to change it.
Our company comes in Shops and Establishment Act. I have read the Act regarding working hours. There it is mentioned weekly working hours should not exceed 48 hours. Please provide proper guidance.

Dear Mandy,
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.

Thanks Manoj for your response. But nowadays many companies are making employees work for more than 10 hrs and sometimes it extends to 12 hours and they are not even paid overtime. What is your say on this? Even the labour officers don't look into this issue seriously. This is what I feel though not all labour officers are like that. I am not generalizing this statement. Employers are always thinking of how to twist laws and make employee work for long hours.
In the case of workers what you have said is correct because the Act, whether it is Factory, Shop or Plantation, is meant for them. But in the case of others demanding that we work only for 8 hours and this is what is mentioned in the Act is not reasonable. In the case of workers, each idle time is recorded and a worker going out for attending his kids school function or paying his electricity bill is recorded as out time and is deducted from the day's actual working time. In many cases these workers are not even allowed to go out once he enters the factory and if he so desires, he is asked to take leave. In the case of an office staff, these things will not apply. You will have flexible time, you will enjoy time in between and can relax by reading the day's newspaper or watching TV. You will even get one or two hours to go out and attend your kinds parent- teachers' meeting or paying your electricity bill. You will not be asked to extend your time if you attend a marriage function in between which in the case of workers who are covered under the Factories Act, Shops and Commercial Establishments Act, Standing Order Act or Industrial Disputes Act.
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.

Dear Mandy,
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 .

Dear Mandy,
" 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.

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™