We plan to reduce the working days from 6 days a week to 5 days a week .our factory comes under small factories regulations.Is there any regulations to be followed and any labour laws regarding this.
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19th April 2019 From India, Madras
My Dear,
The provisions under the Factories Act are as under:-
1. Max 9 working hours per day
2. 6 working days in a week
3. Max 48 hours per week.
you can not take more work without paying the extra wages as per provisions of the Act but you can take lesser work as per your affordability.
19th April 2019 From India, Delhi
Before you go into details, pl. read the discussion on the subject in this link -
Work days & break period
What does the law say about working days?
Factories Act, 1948 specifies that weekly holiday on the first day of the week, which is Sunday or may be any other day, as may be approved in writing by the Chief Inspector of Factories, for a particular area is necessary.
Under Section 52, there is provision for substitution of weekly holiday so that by complying with the requirements of this section, workers may be permitted to work on the day of weekly holiday. Provision also specifies on allowing compensatory holiday, in lieu of unavailed weekly holiday.
What does the law say about breaks?
As per the provisions of the Factories Act, 1948 a rest interval of at least half an hour should be provided, in such a way that no period of work shall exceed 5-1/2 hours.
According to Minimum Wages Act, the working day of an adult worker shall be so arranged that inclusive of the interval of rest it shall not exceed 12 hours on any day.
Work hours for young workers
What are the provisions relating to work time for young person?
The young person as per provision of Factories Act, 1948 is defined as “child” or “adolescent” (a person who has completed 15 years of age, but not completed 18 years of age). It mentions that working hours of child workers are limited to 4-1/2 hours a day. It also specifies that the spread-over should not exceed 5 hours. The provisions of the Act also specify that female child workers are prohibited to work between 7.00 pm to 8.00 am as per Section 71.
As per the Minimum Wages Act, 1948 the number of hours of work for adolescent shall be fixed by the medical practitioner as approved by the Government, which be decided on consideration of adolescent as an adult or child. The child should, however, not be allowed to work for more than 4-1/2 hours on any day.
The Apprentices Act, 1961
The act mentions that the daily hours of work of an apprentice shall not be more than 8 hours per day and weekly hours not less than 40 hours but not more than 45 hours. However, a short term apprentice may however be engaged to work up to a maximum limit of 48 hours per week. The hours of training of apprentice should not be between 10.00 pm to 6.00 am except with the prior approval from the Apprentice Advisor.
But, when you take the case of IT/ITES, most of the Indian firms work according to the timings of the group of their clients mostly located in Europe, US, Gulf regions. As you know many of clientele in these countries adopt 5 days a week schedule and therefore Indian service providers have to reschedule their working hours also to suit their clients and hence 5 days a week came to be their working hours. Even in central & state govts. some banks' timings also suitably modified for 5 days week. It may be appropriate for factories to draw out working hours and get them approved by the Inspectors of Factories before they are adopted so that any violations could be avoided.
20th April 2019 From India, Bangalore
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