Anonymous
Dear All, I am working in Construction Company (XXX Limited) on project site and the working time here is 8AM to 6/7/8PM and as per manager requirement(10-12 hrs in day) all day in weak without sunday leave even if we take average 10.50hrs in day so we are still working 73.50hrs in a weak and in the new circular dated 23rd Nov 2020 CEO has clearly mentioned that if employee does not reach the office before 8AM, will be considered as absent and necessary disciplinary action will be initiated as circular has enclosed herewith.

It's pertinent to mention here that I researched on labour law consequently I found about Section(41) of Factories Act, 1948 (Act No. 63 of 1948) says "Subject to the provisions of section 51, not adult worker shall be required or allowed to work in a factory for more than nine hours in any day: 1[Provided that, subject to the previous approval of the Chief Inspector, the daily maximum specified in this section may be exceeded in order to facilitate the change of shifts."

Therefore, I have some question as mention below:

1. Does Factories Act, 1948 (Act No. 63 of 1948 apply to Construction Company?

2. If no then, is it legal to take the working 10-12 hours from an employee?

Kindly resolve this issue as soon as possible.

From India, Bengaluru

Attached Images
File Type: jpeg Circular.jpeg (191.0 KB, 20 views)
Attached Files
File Type: pdf Circular_Self Discipline & Punctuality -Reporting Timing (8.00 .pdf (346.1 KB, 48 views)
File Type: pdf Circular_Self Discipline & Punctuality -Reporting Timing (8.00 .pdf (346.1 KB, 28 views)

You shall be governed by the Building & Other Construction Workers Act, rather than
Factories Act.
Now the rules are getting changed. Daily working hours shall be 12 hours with
1 hour lunch break.
GOI had already implemented Code of Occupational Safety and the above Acts shall be
repealed, on implementation of this Code.
There is nothing wrong in the circular, forwarded by you. Such circular from
top management is a must to ensure attendance and punctuality of workforce.

From India, Aizawl
This query is already answered . reference thread https://www.citehr.com/623488-workin...10-12-hrs.html
From India, Aizawl
For correct reply to your query, please let me know the following :-
1. Your designation and job profile
2. Total number of employees of the employer
3. Location of the site, where you are presently working
4. How is attendance marked i.e. whether manually or by punching machine
S. K. Mittal
9319956443

From India, Faridabad
OSH code is not implemented.
As per the Code none shall be required to work for more than 8 hrs a day and 48 hrs a week.
What is working hrs in the OSH rules is spread over.
As per BOCOW act daily/ weekly working hrs are 9/48 .

From India, Thiruvananthapuram
Construction sites are not covered under Factories Act. The working hours of the construction site are covered under Minimum Wages Act. Section 13 of Minimum Wages Act provides for hours of work which shall constitute a normal working day, inclusive of one or more specified intervals. Provides for a day of rest in every period of seven days which shall be allowed to all employees or to any specified class of employees and for the payment of remuneration in respect of such days of rest. Provides for OT rate of wages. The relevant state have formed Minimum Wages Rules in accordance with Section 13 and having mostly in case of an adult 9 hrs per day. The working day of an adult shall be so arranged that inclusive of the interval of rest, if any, it shall not spread over more than 12 hours on any day. When a worker works in an employment more than 9 hours on any day or for more than 48 hours in a week, he shall in respect of overtime work be entitled to wages at double the ordinary rate of wages. The ordinary rate of wages means the basic wage plus allowances . If no overtime paid he can file claim application before the Authority under Minimum Wages Act of the appropriate government. The employee is defined in Section 2(i) of the Minimum Wages Act, 1948. You may resolve issue of working beyond 9 hours not allowing rest day in the light of the above mentioned provisions.
From India, Pune
Working hours and overtime wages in construction site is governed by sec 28 and 29 of BOCOW Act .
From India, Thiruvananthapuram
Claim case cannot be filed under BOCW ACt if O T Wages are not paid for working beyond 9 hrs or working on rest day
From India, Pune
Construction is scheduled employment for which both Central Govt and State govt have fixed minimum rates of wages.
From India, Pune
Claim possible u/s 33 C(2) of ID Act,or payment of wages Act.
From India, Thiruvananthapuram

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