PROFESSIONALS AND BUSINESSES PARTICIPATING IN DISCUSSION
Labour Law & Hr Consultant
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umakanthan53Dear Brinda, What’s your establishment - a factory or an establishment coming under Shops and Estt Act?
From India, Salem
Brinda ChandaranaIts a factory under companies act.
From India, Mahuva
Since your establishment is a factory under the Factories Act,1948, I would request you to carefully go through the following provisions of the Factories Act,1948:
Section.51. No adult worker shall be required or allowed to work in a factory for more than 48 hours in any week.
Sec.54. Daily hours of work for adults:
It shall be 9 hours a day subject to the limit of 48 hours per week fixed u/s 51 of the Act.
Sec.56. Spread over:
The periods of work of an adult worker in a factory shall be so arranged that inclusive of his intervals for rest u/s 55, they shall not spread over more than 10 1/2 hours in any day.
If you read these three sections conjunctively with reference to your query, the following irresistable positions emerge:
1) Sec.51 prescribes a ceiling or an outer limit of working hours of an adult worker in a week. It therefore, imposes an embargo on the employer's right to prescribe total working hours for a week.
2) Sec.54 prescribes a maximum of 9 hours a day only subject to the ceiling of 48 hours a week fixed u/s 51. It would, therefore, automatically imply that a worker cannot be required or allowed to work uniformly 9 hours every day of the 6-day week.
3) By ' Spread over ', sec.56 denotes the maximum stretch of continuous hours a worker can be kept at the disposal of the employer for the purpose of work in a day under the contract of employment. In other words, the daily period of a worker including the hours for rest interval should not exceed 10 1/2 hours a day.
Therefore, you will have no hesitation in agreeing that the normal working hours of a day cannot exceed 8 hours within the spread over.
Coming to overtime work and overtime wages, you have to refer to section 59 of the Act. Over time work can be defined as the extra hours a worker is required to work beyond 9 hours in a day or beyond 48 hours in a week. But it has been regulated by the provisions of sections 64 and 65 of the Act. This regulation of overtime work is based on the rationale that human capacity to work has an upper limit. Workers in the interest of their health should not be allowed to work beyond that limit. That is why permission and exemption to allow overtime work are required u/s 64 and 65.
So my conclusion is =
1) that you cannot ask him to work regularly in a 12 hour shift and
2) you cannot extract 3 hours overtime work every day.
From India, Salem