ch-arabindo-patro
Permission For 12 Hours Duty from Labour Department applicability
From India
PROFESSIONALS AND BUSINESSES PARTICIPATING IN DISCUSSION
Saswatabanerjee
Partner - Risk Management
Rkn61
Hr Manager
Bijay_majumdar
Freelancer In Hr &indirect Taxes For
Nanu1953
Ceo-usd Hr Solutions
Ch-arabindo-patro
Manager - Hr & Gen. Admin

shobhit-kumar-mittal
50

The issue has many implications and is to be examined minutely. Please furnish more facts. - S. K. Mittal 9319956443
From India, Faridabad
ch-arabindo-patro
Thanks Shobhit for the response.

We are producers of Steel billets out of Metal Scraps with addition of small quantity of pig iron, sponge iron. Around 110 contract workers and 25 company employees are working.
We have 12 security personnel (Outsourced) working for our plant.

We need permission from Labour Office to carry out 12 hours shift work for all contract workers and few company employees.
Kindly advise.

Regards,
aravind patro

From India
PRABHAT RANJAN MOHANTY
533

Dear Mr Arobindo,

The Labour Department would not give Permission For 12 Hours Duty because it is out of context. You can notify the Labour Department and copy mark to Factory Inspector ''owing to meet some supply deadline your establishment extend the shift hour beyond 4 hours for certain employees and they will be paid as per the norms". The employees kept extra 4 hours to be paid double the rate as rules of overtime attracts.

From India, Mumbai
bijay_majumdar
356

Officially 12 hrs working may not be granted permission.However intimation to concerned authorities about extended hours of working for a short period can be accepted, provided that employees are paid over time @ double the wage rate and being given required welfare.
If it is done to mitigate the cost issues of the company, then I would say it is not advisable to go for 12 hrs, after all security is vital to organisation and same is the manpower and their welfare.

From India, Vadodara
saswatabanerjee
2357

First, 12 hour shifts are illegal in india.
Therefore, the labour department or any government authority can not give you the approval.
Even during Covid lockdown, the high courts struck down all such notifications.

If you are doing 12 hour shifts for a short period, in order to meet emergency manpower shortages, then you can do so, but it will be an 8 hour shift with 4 hours of double-rate overtime. That is the best you can do. Even that, the overtime can not exceed 48 hours a quarter (117 hours in some states like Maharashtra)

From India, Mumbai
ch-arabindo-patro
Thanks Mr. Prabhat, Vijay & Mr. Saswat for the response.

As per my knowledge, though 12 hrs working is not legal (except few exceptions) 70% of Manufacturing units engage the contract workers for 12 hrs. Even many companies engage their company workmen also for 12 hrs. in duty.
Such practice is not hidden to the Govt bodies either Factory & Boiler Authorities or Labour dept.

Why some legal rule is not made? I think Govt. should think of it by seeing the nature of work, whose spread hours are more but work is very less, eg. Drivers, or a worker has to cut a metal once in every 15 to 30 minutes. and the cutting times takes only 30 seconds, similarly a crane operator has to operate the crane once in 30 minutes for 10 to 15 minutes.
another eg., 75% Security agencies deploy their guards for 12 hrs. work.

Can we debate on this. or start think on this.

From India
nanu1953
297

Factories Act, Spread over, 12 hours shift, New Labor codes

Under factories Act as on date the spread over is 10.5 hours which is 5 hours working then 0.5 hrs rest and again 5 hrs working. If the total hours of work in the week is 48 hours or more than 9 hours per day OT will be applicable. Maximum working hours available in the above system is 10 hours.

There is also provision of 12 hours shift with the permission of Chief Inspector of Factories (CIF). In Jute Mill the spread over is 12 hours when the shift allotment is 6 am to 10 am then rest for 10 am to 2 p.m and again duty from 2 pm to 6 pm. Spread over 12 hours but working hours 8. The system is such that one Jute Mill worker will work for 4 hours and back to Basti (Staying place adjacent to Jute Mill ) for house hold jobs including cooking and eating and again come back for the job. There may be some safety reason for less continuous exposure to work place. I have no idea whether the above system has been changed or not.

In new Labor Codes 12 hours Spread Over is allowed without permission of CIF. There are interpretation that workers will work for 4 days which will be equal to 4*12 = 48 hrs and will be 3 days weekly off. Even Labor Ministers & TU leaders of some States are also interpretating in the similar way. This arrangement will not be possible as the OT clause will not be abolished. In this system total working hours will be 11 = 5 hrs work + 0.5 hrs rest + 5 hours work + 0.5 hrs rest + 1 hour work. = Working hours 11 and rest hours in two phases 1. Therefore, there will be every day 3 hours OT and the maximum limit of OT hours per week / quarter will be crossed. To my opinion it will be impossible.

Now let us find out other factors for continuous work for more than 8 hours. Human being are not machine. There will be fatigue for working long hours. Probability of accident will be more. Efficiency curve of the worker will come down while working long hours which will also create direct impact to quality and productivity.

In present system there are lot of Organizations who are engaging contract labors 12 hours shift even in core activities and also not paying any OT. This is just exploitation and illegal. There are authorities who should check and control the system. But unfortunately, those authorities either corrupted or very casual. Improvement will be possible if the PEs are ethical and follow the labor laws properly.

S K Bandyopadhyay ( WB, Howrah)
CEO-USD HR Solutions
+91 98310 81531

USD HR Solutions – To Strive towards excellence with effort and integrity

From India, New Delhi
saswatabanerjee
2357

Dear Mr. Patro,
Surprised to see you reactivate this thread after a year...
I don't know what a debate will solve. You need to see what the govt will allow.
Unfortunately, for most of us, we are not in a position to influence the path of government policy.

That told, companies doing 12 hour shifts are doing so illegally. Therefore, their action carries risks. The question then is only whether you are willing to take the same risks.

"Such practice is not hidden to the Govt bodies either Factory & Boiler Authorities or Labour dept."
Well, the government bodies know, but they are under political control, so nothing much will happen in it. They will come, take their share of the booty and go. But if someone takes up the matter, they will be forced to act... thanks to things like RTI.

"Why some legal rule is not made? I think Govt. should think of it by seeing the nature of work, whose spread hours are more but work is very less, eg. Drivers, or a worker has to cut a metal once in every 15 to 30 minutes. and the cutting times takes only 30 seconds, similarly a crane operator has to operate the crane once in 30 minutes for 10 to 15 minutes.
another eg., 75% Security agencies deploy their guards for 12 hrs. work."

Like I said, we only can follow government regulations. If a matter goes to court, it will not listen to your argument and fine you for violation of the law. A driver may drive for only 2 hours a day. But he is sitting there all day. fatigue seeps in, irrespective of whether he is driving or sitting idle. Same with Crane drivers. Is it that he is getting off after 10 min of work on doing something else and refreshing himself till he is needed? NO. He is sitting there till the time they have something to move again. Same is with all functions.

From India, Mumbai
rkn61
584

Let's hope that 12 hours duty hours, with decrease in working days, in order to balance personal life and professional life of workmen/professionals are going to be implemented soon, through the new Labour Codes.

Latest news about this, is that it is going to be implemented with effect from 01st October 2022.

From India, Aizawl

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