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pranay patil
1

Dear folks, Our management wants to start working 5 days week with 9 and half hour workings in a day for staff. Please share under which clause or judgment by court of laws will be possible.
From India, Delhi
Madhu.T.K
4210

Working hours excluding the intervals for rest cannot be more than 9 hours in a day even if you work for 5 days only that the working hours per week will not exceed the prescribed 48 hours a week. But when the idea of 4 days working with12 hours per day is made practical by law, it will be possible for you to enforce it. Though there is a legal challenge for 9.5 hours a day, many organisations work on the same pattern even now.
From India, Kannur
jagjeetsingh.aroraunileve
2

As per Act Requirements
The Total working hour in a week is 48 hour , However if Employer allowed with 9.5 Hour ie 5 Hour Working + 0.5 Break + 4.5 Work = 9.5 Hour Daily
In weekly working total Working Hour = 47.4 Hour
Only You have to see the Permission for Women working beyond 7:00 PM
Jagjeet

From India, Pune
Madhu.T.K
4210

My question to Jagjeetsingh.Aroraunileve is will you be able to work for 9 hours and 30 minutes when the law says that the hours spent beyond 9 hours would attract overtime wages? There is no doubt that a week shall comprise of 48 hours but it should be with a maximum of 9 hours in any day.

It is worth referring to the Supreme Court verdict in Philips India Ltd vs Labour Court, Madras & Ors (1985 AIR 1034, 1985 SCR (3) 491) in which it was directed that if a company is working less than 6 days in a week, the manner in which the hours which would qualify for overtime wages should be calculated not on the basis of 48 hours but the regular working hours in a week of five or four days, as the case may be.

From India, Kannur
nanu1953
334

Under Factories Act, 1948 normal working hours is 8 hours per day and 48 hours per week. OT hours will be beyond 48 hours in a week or beyond 9 hours per day. The moment the daily working hours is 9.5 hours per day, 0.5 hours will be OT hours.

Therefore, working for 9.5 x 5 = 47.5 hours , payment to be made 45 hours + 0.5 hours x 2 x 5 = 50 hours instead of 47.5 hours.

S K Bandyopadhyay ( WB, Howrah)
CEO-USD HR Solutions
+91 98310 81531
skb@usdhrs.in
www.usdhrs.in

From India, New Delhi
suresh2511
246

According to Pranay Patil's question, the management of his organisation wants to work 5 days a week for 9.5 hours every day. He has not said if the 9.5 hours include or exclude the lunch break; therefore, where is the question of a violation of the Factories Act of 1948 and/or the S&E Act of 1948?
If they observe office hours of 9.00 a.m. to 6.30 p.m. daily with a half-hour lunch break, the daily working hours are 9, and female employees can also leave the office before 7.00 p.m., therefore no specific approval from any authority is required.

Suresh

From India, Thane
Madhu.T.K
4210

Dear Suresh, when you say working hours per day is 9.5 hours it should be interpreted as working hors excluding intervals for rest, otherwise, he should have used "spread over" which would include intervals for rest. In my reply also it is said that " IF" the total hours of 9.5 is excluding intervals for rest, it would be unlawful because a day cannot exceed 9 hours even if you do not cross 48 hours in a week.
From India, Kannur
suresh2511
246

Dear Madhu Jee,

You have written the act's provisions so that they are crystal clear and easy to understand for everyone.
We've seen that when members seek for answers to questions, they just supply half the information, expecting others to grasp what they're saying. I am certain that Mr. Pranay Patil's 9.5-hour workday refers to office hours rather than working hours. People in Hindustan have an office-hour attitude, which means they work throughout the entire duty hour, with no lunch or tea breaks.
In the past, textile and manufacturing industries required 8.5 hours of work every shift, with a half-hour lunch break in between. However, nowadays, 24x7 means three 8-hour shifts including lunch break.
Regards,
Suresh

From India, Thane
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