In India is there any provision for rest between shift? - CiteHR
Umakanthan53
Labour Law & Hr Consultant
Nathrao
Insolvency N Gst Professional
+1 Other

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In India is there any provision for rest between shift. For instance can worker work in two consecutive shift and each shift for 8 hour mean he work for 16 hour in a day with overtime wages. is he there any violation of law ? Please suggest.
As per factories Act
An adult worker shall not be employed for more than 48 (forty eight) hours in a week and not more than 9 (nine) hours in a day. A compulsory rest of at least half an hour (30 minutes) between each period of work and such period of work shall not exceed five hours. Total period of work inclusive of rest interval cannot be more than 10.5 hours.
According to Minimum Wages Act, 1948
the working day of a worker shall be so arranged that inclusive of the interval of rest it shall not exceed 12 hours on any day.
However, the total number of hours of work in a week, including overtime, shall not exceed sixty and the total number of hours of overtime shall not exceed fifty for any one quarter.
Shops and Establishment Act
Each state has separate Act
Here also working hours are limited to 48 hrs per week and 125 hrs overtime in a quarter.
Double shift on same day will be irregular
The Factories Act puts restriction on double employment and overlapping of shifts. No worker is permitted to work in any factory on any day when he has already been working in any other factory. If a worker shift extends beyond midnight, a holiday of a whole day which means 24 consecutive hours beginning when his shift ends must be provided to him.
So double shift is violation and even if worker agrees for monetary gains,if any untoward incident takes place,company may face legal proceedings and have to pay enhanced compensation for overworking people beyond authorised.
so take care and adhere to working hrs as laid down by laws.

Dear Sir,
Thank you for your reply. Can you please specify the section in wage Act 1948 where such is mention.
According to Minimum Wages Act, 1948
the working day of a worker shall be so arranged that inclusive of the interval of rest it shall not exceed 12 hours on any day.

Dear Pavan,
The detailed answer by our learned friend Mr.Nathrao with cross-reference to various laws relating to working hours needs no more elaboration on the same line. However, let me present my views on the subject-matter from the point of view of the principles involved in it. The term "over time " in the context of employment refers to the extra work performed by a workman continuously in addition to the normal work beyond the normal working hours. Here the emphasis is more on the extra working hours than on the extra work for longer the working hours, the lesser will be the marginal efficiency of labor. That's why, if my memory does not fail me, the provision relating to over time work in every establishment-specific law puts a cap on the number of hours of O.T per day as well as per week or occasionally per quarter. Therefore, strictly speaking, no employer can require the workmen to work O.T beyond the daily limit because of the inherent limiting mechanism already in place with reference to the weekly hours. Moreover, if a workman is asked to work continuously through out the next shift also, the statutory liability of payment of over time wage rate being twice the rate of normal wages would be a deterrent for the reason a new workman can be employed afresh at the normal rate. This does not mean that I am oblivious to the actual practice being adopted by some employers with the active connivance of their workmen in the matter of over time work in violation of the relevant legal provisions which actually goes unrecorded and hence unnoticed too.

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