Dear Members, I have query related to Overtime and Weekly Off condition for Contract Labour, if any factory is running 30 days and contract labour is working continuously for 30 days, organisation is paying double OT for weekly off Day. Then what about weekly off day? Is this legal ?
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PROFESSIONALS AND BUSINESSES PARTICIPATING IN DISCUSSION
Weekly Off is Stautory Provision and can not be deferred indefinite period Compensatory/Alternate Off so computed need to be availed within Tem straight Calendar Day and refee to Factories Act for details
Kritarth Team, 30.4.19
From India, Delhi
Kritarth Team, 30.4.19
From India, Delhi
Labour laws are similar for working hours of contract labour So it become easy to understand n implement
From India, Pune
From India, Pune
Dear Shishupal,
The practice is certainly illegal as it is gross violation of sections 51 and 52 of the Factories Act,1948 relating to weekly hours and weekly holidays respectively. As observed by our learned friend Mr.Rao all the Labor Laws applicable to the Principal Employer's establishment in respect of his regular employees would simply apply to the contract labour engaged by him.
From India, Salem
The practice is certainly illegal as it is gross violation of sections 51 and 52 of the Factories Act,1948 relating to weekly hours and weekly holidays respectively. As observed by our learned friend Mr.Rao all the Labor Laws applicable to the Principal Employer's establishment in respect of his regular employees would simply apply to the contract labour engaged by him.
From India, Salem
Dear colleague,
The FA provisions as quoted by the learned colleague requires you to adhere to provisions relating to daily working hours , OT and weekly off which uniformly applies to regular and contract workers.
The Act requires you to give one day's weekly off after every six days work.
For any reason if you can't, no work can be carried out consecutively for more than 10 days without giving w/o on 10 th day.
Overtime paymeny at double the rate is applicable for working beyond daily 8 hours or weekly 48 hours but overtime hours are restricted to 60 hours per quarter .
It appears , you are violating above provisions by continuous working for 30 days by contract workers without giving prescribed weekly offs. You cannot wriggle out by saying that you are paying at double the rate for working on w/o.
Before Factory inspectors find this, please take prompt corrective actions or face fine and/or imprisonment .
Regards,
Vinayak Nagarkar
HR-Consultant
From India, Mumbai
The FA provisions as quoted by the learned colleague requires you to adhere to provisions relating to daily working hours , OT and weekly off which uniformly applies to regular and contract workers.
The Act requires you to give one day's weekly off after every six days work.
For any reason if you can't, no work can be carried out consecutively for more than 10 days without giving w/o on 10 th day.
Overtime paymeny at double the rate is applicable for working beyond daily 8 hours or weekly 48 hours but overtime hours are restricted to 60 hours per quarter .
It appears , you are violating above provisions by continuous working for 30 days by contract workers without giving prescribed weekly offs. You cannot wriggle out by saying that you are paying at double the rate for working on w/o.
Before Factory inspectors find this, please take prompt corrective actions or face fine and/or imprisonment .
Regards,
Vinayak Nagarkar
HR-Consultant
From India, Mumbai
Our Office is 6 day working (Mon to Sat) time is 09:00 am to 06:00 pm i.e. 9 hrs in a day. Is it valid as per Law ? if not where i can get proper solutions ? or it is valid need satisfactory clarification.
From India, Mumbai
From India, Mumbai
Dear Shishupal Singh Yadav,
Seniors have already replied your query satisfactorily. However, I wish to share other side of the contract laborers thinking.
Most of the contract laborers are coming from various parts of India, who are unable to get regular employment in their state. While accepting the contract job, they decide in their minds that they will work for this contract for 6 months / 1 year and earn maximum possible amount during their stay for the project. They are willing to work for all weekly offs / paid holidays because they get additional amount for that which they can utilise for their family members. Generally they do not have any relatives where they accepted the job to visit their relatives or friends on weekly offs. Therefore if the workmen are comfortable and satisfied and do not have any issues, then why we should look for shelter of laws?
In India there are industries where workmen work for 12 hours daily and get salary for 8 hours only, sometimes maximum 1 1/2 days salary. Whereas your contractor is atleast paying double overtime. (In projects contract labour work for maximum 6 hours on w.o. and earn OT for 16 hrs.). This is not my opinion. I tried to present the facts happening with contract labours.
Regards,
Suresh,
Dear Anonymous,
From your post it appears that you are working from dot 9.00 a.m. to 6.00 p.m. and not availing any tea breaks and or lunch break, chatting, washroom etc. Please confirm with yourself diligently that how much time you are utilising for the same and subtract the same from your 9 hrs. duty timing. I am sure you are not working more than 8 hrs. a day.
From India, Thane
Seniors have already replied your query satisfactorily. However, I wish to share other side of the contract laborers thinking.
Most of the contract laborers are coming from various parts of India, who are unable to get regular employment in their state. While accepting the contract job, they decide in their minds that they will work for this contract for 6 months / 1 year and earn maximum possible amount during their stay for the project. They are willing to work for all weekly offs / paid holidays because they get additional amount for that which they can utilise for their family members. Generally they do not have any relatives where they accepted the job to visit their relatives or friends on weekly offs. Therefore if the workmen are comfortable and satisfied and do not have any issues, then why we should look for shelter of laws?
In India there are industries where workmen work for 12 hours daily and get salary for 8 hours only, sometimes maximum 1 1/2 days salary. Whereas your contractor is atleast paying double overtime. (In projects contract labour work for maximum 6 hours on w.o. and earn OT for 16 hrs.). This is not my opinion. I tried to present the facts happening with contract labours.
Regards,
Suresh,
Dear Anonymous,
From your post it appears that you are working from dot 9.00 a.m. to 6.00 p.m. and not availing any tea breaks and or lunch break, chatting, washroom etc. Please confirm with yourself diligently that how much time you are utilising for the same and subtract the same from your 9 hrs. duty timing. I am sure you are not working more than 8 hrs. a day.
From India, Thane
Dear Colleagues,
If you are giving totally 1 hour's lunch break /tea breaks, your are within provisions relating to spread over. If not, you are working overtime of half an hour daily for which you have to pay double.
Arrange timings from 9 to 5.30 inclusive of lunch break.
It is surprising to see views of Mr Suresh subscribing and justifying to extra working beyond law under the name of needy contract workers. For the sake of needing more money, if you throw provisions of law to winds then it would be free for all leading to chaotic situation.
Regards,
Vinayak Nagarkar
HR-Consultant.
From India, Mumbai
If you are giving totally 1 hour's lunch break /tea breaks, your are within provisions relating to spread over. If not, you are working overtime of half an hour daily for which you have to pay double.
Arrange timings from 9 to 5.30 inclusive of lunch break.
It is surprising to see views of Mr Suresh subscribing and justifying to extra working beyond law under the name of needy contract workers. For the sake of needing more money, if you throw provisions of law to winds then it would be free for all leading to chaotic situation.
Regards,
Vinayak Nagarkar
HR-Consultant.
From India, Mumbai
Dear All, Thank You so much for your kind gesture of knowledge sharing and guidance. Regards
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Overtime calculation- weekly hours of work.PDF