Hi, I would really appreciate it if someone could help me with this as I am in a huge dilemma. I am a company HR, and the company is covered under the Shops and Establishment Act in Mumbai. We were thinking of introducing a work shift from 8 pm to 8 am, with only 4 days of work in a week so that the maximum number of hours per week is 48 hours, ensuring that the employees get enough rest.
Work Shift Proposal
However, the total working hours per day will be 11 hours with a 1-hour break. Please help me understand if it's fine to implement this. If yes, do we have to pay overtime since the employees would be working more than 9 hours every day (even though the total weekly hours would still be 48 hours due to the 4-day workweek)?
Alternative Consideration
If not, could we consider the following alternative: Providing a 3-hour break instead of 1, so the employees work only 8 hours each day. In this case, can we require employees to work 5 days a week? Additionally, if there are any other considerations or requirements I need to be aware of, please let me know. Your expert opinion on this matter would be greatly appreciated as it has caused significant confusion, and the information available online has only made it more complex. Thank you in advance.
From India, Mumbai
Acknowledge(0)
Amend(0)
Work Shift Proposal
However, the total working hours per day will be 11 hours with a 1-hour break. Please help me understand if it's fine to implement this. If yes, do we have to pay overtime since the employees would be working more than 9 hours every day (even though the total weekly hours would still be 48 hours due to the 4-day workweek)?
Alternative Consideration
If not, could we consider the following alternative: Providing a 3-hour break instead of 1, so the employees work only 8 hours each day. In this case, can we require employees to work 5 days a week? Additionally, if there are any other considerations or requirements I need to be aware of, please let me know. Your expert opinion on this matter would be greatly appreciated as it has caused significant confusion, and the information available online has only made it more complex. Thank you in advance.
From India, Mumbai
Acknowledge(0)Amend(0)
Dear Diya,
Please check in your state if it is permitted to operate 24x7 for an establishment registered under the Shop & Establishment Act. Under SEA, the maximum hours permitted per day are 9 hours inclusive of a 1-hour break. Technically, hours worked in excess of 9 hours should be considered as overtime, as there are caps on both daily and weekly hours.
Shailesh Parikh
99 98 97 10 65
Vadodara
From India, Mumbai
Acknowledge(0)Amend(0)
305Please check in your state if it is permitted to operate 24x7 for an establishment registered under the Shop & Establishment Act. Under SEA, the maximum hours permitted per day are 9 hours inclusive of a 1-hour break. Technically, hours worked in excess of 9 hours should be considered as overtime, as there are caps on both daily and weekly hours.
Shailesh Parikh
99 98 97 10 65
Vadodara
From India, Mumbai
Acknowledge(0)Amend(0)CiteHR is an AI-augmented HR knowledge and collaboration platform, enabling HR professionals to solve real-world challenges, validate decisions, and stay ahead through collective intelligence and machine-enhanced guidance. Join Our Platform.
Brief Kerla Shop & Establishment Act.pdf
No more working till late hours.doc