Anonymous
Can we allow a worker to work in multiple shift on any day but its total working hours will be 8 ? For example we create a shift A ( from 6 AM to 11 AM ) and second shift B ( 5 PM to 8 PM ) and we ask worker to work in both shifts, is this allowed as per indian labour laws?
From India, Delhi
PROFESSIONALS AND BUSINESSES PARTICIPATING IN DISCUSSION
Umakanthan53
Labour Law & Hr Consultant
Saswatabanerjee
Partner - Risk Management
Nanu1953
Ceo-usd Hr Solutions

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umakanthan53
5919

Dear Naveen,

I'd like to request you to carefully go through sections 55 and 56 of the Factories Act,1948 which deal with working hours per day and the spread over thereof respectively.

In the illustration given by you, an individual workman is required to work in two shifts viz.,A and B. In shift A he is required to work for 5 hours continuously after which he has to work in shift B for 3 hours continuously thus constituting a total no of 8 hours for a day. Well, that's fine because he gets a rest interval of 6 hours. But have you noticed that those 8 hours work is performed in the same day within a stretch of 14 hours. You know section 56 of the FA,1948 limits the stretch of spread over to 10 1/2 hours on any single day. Spread over refers to the time period a workman is kept under the disposal of the employer. If your establishment is covered by anyother establishment-specific law, the effect would be the same.

Therefore, violation of section 56 or the provision relating to spread over cannot be legally permitted because of the compliance of section 55 or the provision relating to maximum no of working hours in a day. Any practice under a law should be in compliance with all the corresponding provisions of that law

From India, Salem
Anonymous
Thanks for clarification Mr Umakanthan.M, one doubt is remaining that can we change worker shift without any notice on same day even shift duration is less than normal working hours?
Here we are assigning 2 shifts to worker on same day it means we are changing shift on same day.
As per upcoming OSH rules ( no . 35) , 12 hours notice is required
===============
35. Interval preceding change of shift. -In the case of change of shift from night to day shift or vice versa, there shall
be an interval of not less than twenty-four consecutive hours between the two shifts and in the case of a change from
one day shift to another day shift or from one night shift to another night shift there shall be interval of not less than
twelve consecutive hours.
Provided that no such interval may be allowed if such interval either coincides with or falls within, the
interval enjoyed by a working journalist under sub-section (2) of Section 25 of the Code.
=============

From India, Delhi
saswatabanerjee
2320

You are working in Delhi, so you need to follow the Indian labour laws.
In both factories act and shop & establishment act, there is a provision that shift change can be done only in a manner that provides a break of at least 24 hours between the 2 shifts. This is why shift changes are generally done after the weekly offs.

What you are trying to do is pretend to change the shift in order to make him work longer. The courts generally take a dim view of this.

From India, Mumbai
nanu1953
278

As per OSH and Working Condition Central rule for the Code ( yet to be implemented ) - Rule -35 as mentioned by the original poster, this should be read with in conjunction of the Rule 28.

In the instant case it has been mentioned that the total engagement period including spread over is more than 12 hours in a particular day and violation of Rule 28. The interpretation of Rule 35 to my opinion is not applicable in the same day. It will be applicable for change of shift in the following day. Actually change of any shift occurs not in the same day but following next day. Say for example in a day some one in 2 P.M to 10 p.m shift and next day he has been asked to come at 8 am to 4 pm shift is allowable. There is 12 consecutive hours rest.

In new Labor Codes as well as rules published by Central Govt. and good number of State Govt. , there are lot of confusion which will be slowly resolved after implementation, through court cases etc,

I totally agree with Mr. Umakanthan M regarding his interpretation of spread over and total working hours.

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
nanu1953
278

One small correction. In my above post next day shift timing will be 10 am to 6 pm instead of 8 am to 4 pm. which will full fill 12 consecutive hours of rest before joining next shift.

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

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





S K Bandyopadh

From India, New Delhi
Anonymous
Thanks everyone for all the inputs.
From India, Delhi

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