Hi, I would really appreciate if someone can 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 to introduce a work shift time from 8 pm to 8 am with only 4 days working in a week so that the maximum number of hours per week is 48 hours and the employee gets enough rest.
However, the total working hours per day will be 11 hours+1 hour break. Please help to understand if it's fine to do this. If yes, do we have to pay overtime as we are making the employee work for more than 9 hours everyday (however the total weekly hours will still be 48 hours as it is 4 day working).
If not, can we do the following: Give a 3 hour break instead of 1, so the employee works only for 8 hours every day (in this case, can we make the employee work for 5 days a week?) Also, if there is anything else that I would need to keep in mind or take care of, please let me know. I would really appreciate your expert opinion on this as it has caused a huge confusion and all the information on the internet is making it more complicated. Thank you in advance.

From India, Mumbai
Dear Diya
1) Please check in your state, is it permitted to operate 24x7 for an establishment registered under Shop & Establishment Act.
2) Under SEA max hours per day permitted are 9 hours per day inclusive of 1 hour break.
3) Technically hours in excess of 9 hours are to be considered as OT, as there are cap of daily hours as well weekly hours.
Shailesh Parikh
99 98 97 10 65
Vadodara

From India, Mumbai

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