Richa87
2

Hi Seniors,

I have 9 years of experience in HR domain and I have been handling HR Generalist role including Payroll, Recruitment, employee engagement etc. But I feel somewhere my knowledge is lacking . As per me CiteHR is a platform to learn and self development. I will be posting my queries on a regular basis to clear my doubts and upgrade my knowledge. My 1st query is related to the working hours as per the Labour Act .


Working Hours:

General Shift:

1) 8 hours in a Day & 48 hours in a week ( 6 days working )
a) Lunch Break- 30 min after 4 hours

2) 9 hours in a Day & 48 hours in week (5 days working)
a) Lunch Break -30 min after 5 hours

Please check the above mentioned details and correct me if I'm wrong

Overtime:

Q1. What are the max number of hours allowed per day?

Q2. If an employee works half an hour extra than his original timing, will overtime be implemented in that case or should the employee work for at least one hour extra

I also need help if anyone can share HR notes or any website URL or any certification course to upgrade my knowledge.

From India, Kolkata
PROFESSIONALS AND BUSINESSES PARTICIPATING IN DISCUSSION
Madhu.T.K
Seasoned Ir Professional
Jeevarathnam
Sr Manager Hr & Compliances
Rkn61
Sr. Hr Manager
Nanu1953
Ceo-usd Hr Solutions
MAHESH PRASAD GUPTA
Deputy Manager - Hr & Admin
KK!HR
Management Consultancy

rkn61
624

Please go through the Bare Acts of all statutory Acts, so that you may get an idea.

Regarding upgradation of your knowledge, you can consider pursuing courses in Management/HR Management from AIMA (All India Management Association), New Delhi or IGNOU.
Now XLRI, Jamshedpur is conducting courses for working professionals. Also you can approach NIPM and/or ISTD for their magazines/journals.

From India, Aizawl
KK!HR
1530

I presume you are working in a factory, in that case the Factories Act 1948 holds the key to your queries.
As regards your query on working hours is concerned, your propositions are correct. But nine hours in a day for 5 days will make on 45 hours of work and beyond 9 hours would attract OT.
As regards OT the maximum daily work time inclusive of overtime shall not exceed 10 hours and 60 hours on a weekly basis. Overtime hours cannot exceed 50 hours in a quarter. OT is payable for any portion of working time beyond 9 hours per day/48 hours per week. It could be 30 minutes too.
If you are not working in a factory, then the provisions of the respective Shop & Establishments Act of the respective State would be applicable.

From India, Mumbai
Madhu.T.K
4193

The hours of work shall not extend beyond 8 hours per day. Though you can have upto 9 hours working (exclusive of intervals for rest) the total hours in a week shall not exceed 48 hours. As such the hours per day is 8 hours for a factory working for 6 days.

Any period over and above 48 hours shall count for overtime wages. As such, it is not counted per day but per week. Due to this, if any employee has not worked on a day, but had worked beyond 8 hours in another day, will fail to qualify for overtime wages. Obviously, if he had taken an approved leave (paid leave) then that leave day will contribute 8 hours as a working day and then qualify for overtime.

A factory working for five days can work for 9 hours a day and in such case the overtime wages will become due after 45 hours of working. It is worth referring the Supreme Court judgment in Philips India Ltd Vs Labour Court, Madras (1985 SCR (3)491) which directs that employees of an establishment which has prescribed less number of hours (ie, less than 48 hours a week, say 45 hours) should pay overtime at double the rate for each hour over and above the prescribed working hours without reference to 48 hours.

From India, Kannur
jeevarathnam
633

Hi Radhakrishnan

Even I am perusing Course from XLRI which is good.
There are lots of Institutes such as NIPM, NHRD etc

Factory Act as well as Shops & Commercial Establishment clearly mentions 8 working hours which excludes lunch, rest & other intervals.

Working hours may start by 7, 8,9,10 as you require

OT is paid at the double wages if exceeding 48 working hours in a week

From India, Bangalore
rkn61
624

Thanks for your inputs Jeevarathnam P, though I have not queried.

Regarding working hours, with the implementation of new Labour code, 8 hours will change to 12 hours. When it is going to be implemented, is yet to be seen.

From India, Aizawl
Madhu.T.K
4193

That is not part of labour codes but a new proposal to make the companies work for four days a week as against 5 or 6 days. The outcome will be that the workers will work for 72 hour at the rate of 12 hours and not the required purpose of the amendment will be defeated. It is expected that the workers will get three days rest and they will go for outing and thereby will generate revenue. But when they get three days off, naturally, they will get engaged all these three days in some other income generating activities or work overtime in the company where they are working and spoil their health. The Monday blues of all the HR will persist.
From India, Kannur
jeevarathnam
633

Hi Radhakrihsnan Nair

Few of the state governments are getting the bills passed in assembly for 12 hours & lots of agitation, not sure when the same will get implemented. Better keep watch on the Bills & Gazette from the respective state for any amendment.

WRT new Labour Codes there is very less chances of getting implemented till next parliament election

From India, Bangalore
MAHESH PRASAD GUPTA
3

Please also brief about the maximum overtime work limitation under Contract Labour Act & Building and Other Construction Works, what is the maximum overtime hour can work during the month/ week.
From India, Delhi
nanu1953
334

As on date ( before implementation of labor codes ) under Factories Act for General shift it can be 8.5 hours duty. 8 hours working hours and 0.5 hour is interval of rest. Therefore, total working hours per day 8 hrs and per week 8 x 6 = 48 hours for 6 days week. Including interval of rest 8.5 hours is allowable as per Factories Act.


For Overtime Work as per SEC-59 (1) of the Factories Act - Where a worker works in a factory for more than nine hours in any day or for more than forty-eight hours in any week, he shall, in respect of overtime work, be entitled to wages at the rate of twice his ordinary rate of wages.

This is a classic concept of single hour OT. Let us take one example:-

A worker works in a week - 1st day of the week weekly off, 2nd day works for 10 hours, 3rd day works for 11 hours, 4th day absent ( with pay or without pay ), 5th day work for 9 hrs, 6th day works for 8 hours & 7th day works for 11 hours. In this week the worker has not work for 48 hours normal work. If he works 48 hours normal work , then OT hours will be total hours work - 48 hours. But in this case it has to be on the basis of daily 9 hours basis.

2nd day - 10 hours - 8 hours normal, 1 hour single OT and 1 hour double the rate OT = 1 x 2 = 2 hours. Total hours of payment including OT will be 8 +1 +2 = 11 hours.

3rd day - 11 hours - 8 hours normal, 1 hour single OT and 2 hours double the rate OT = 2 x 2 = 4 hours. Total hours of payment including OT will be 8 +1 + 4 = 13 hours.

4th day - Absent with or without pay i.e no hours of work.

5th day - 9 hours - 8 hours normal and 1 hour single OT. Total hours of payment including OT will be 8 + 1 = 9 hours.

6th day - 8 hours i.e normal working hours, Total hours of payment including OT will be
8 hours.

7th day - 11 hours - 8 hours normal , 1 hour Single OT and 2 hours double the rate OT = 2 x2 = 4 hours. Total hours of payment including OT will be 8 + 1 + 4 = 13 hours

Therefore, total hours of payment including OT for the week will be 11 + 13 +9 +8 + 13 = 54 hours.

Had it been in weekly basis total hours work was 10+11+9+ 8+11 = 49 hours . Therefore normal work is 48 hours and 1 hour OT = 1 x 2 = 2 i.e 48 +2 = 50 hours total work including OT.

Therefore there will 54 - 50 = 4 hours payment will be loss to the worker.

In this regard I would also like to mention whether absent day is qualified by with pay or without pay leave has nothing to do for this calculation as there is no working hours.

There are very few HR professionals are aware about the above calculation and very few organizations are follow the above method. Most of the organizations are paying OT if the work of any day beyond 8 hours.

For half and hour or one hour OT should be paid and 15 minutes may be ignored.

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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