ankur1
In our plant duty time is 08:00 to 16:00. In case of urgent works we send our technicians by 16:00 and ask them to come again in night at 20:00 to next day 08:00. Is this okay as per Factories Act?
From India, Chennai
PROFESSIONALS AND BUSINESSES PARTICIPATING IN DISCUSSION
Umakanthan53
Labour Law & Hr Consultant
Madhu.T.K
Industrial Relations And Labour Laws
Nanu1953
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umakanthan53
5878

Dear Ankur,

Your description is a bit confusing to me.
O8 to 16.00 hrs is the normal working hours; in case of any urgent work beyond 16 hrs, why should you ask them to go and come back to do the work at 20 hrs the same night and continue to work till 8.00 hrs the next morning? After 8.00 am, will they be asked to do the next day shift continuously or granted compensatory off till the following day's usual shift?

From India, Salem
Madhu.T.K
3726

In this case the employee reports to duty at 8 in the morning and remains in the factory for 24 hours even though he works for 8 hours in the general shift plus 4 hours (till 12 at night) in the second shift of the same day. That accounts for a spread over 12 hours. This is not acceptable. An interval of 4 hours from 4 pm to 8 pm is not enough. As such your arrangement is not legal.
From India, Kannur
ankur1
Dear Umakanthan.M Sir, thank you for your reply.
This is for some urgent work which will extend till night. We keep a team upto 20:00. And the team coming in night (from 20:00) continue the same work. Also here we treat work done from 20:00 to 00:00 midnight as "Overtime". Work done from 00:00 to 08:00 covers the next day work hour (they will not come again at day).

From India, Chennai
ankur1
Dear Madhu.T.K. Sir, thank you so much for your reply. I think I may not have phrased my issue clearly.
(1) Worker is being sent to home at 16:00 (he doesn't stay from 16:00 to 20:00 at factory).
(2) Worker again come in night at 20:00 and stays upto next day 08:00.
With this arrangement I understand we are not crossing 12hr spreadover.

From India, Chennai
Madhu.T.K
3726

Yes, I have understood it like that only. Even if you are sending the workers off the works and they are remaining at their houses for four hours, since they are returning to work at 8 pm again, the same will come under spread over. If you have urgent work (that urgent work will not happen every day, of course) you can engage them without giving this break but with a break of 30 minutes on an overtime arrangement. But that cannot be made a regular practice.
From India, Kannur
nanu1953
256

Dear Ankur,

Your explanations above are ok as per Factories Act. You may check the State Factory Rule and Sec 64 (2) of Factories Act also for several exemptions.

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

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