As per factories act how many tea breaks we provide workers. Kindly advice as legal point.
From India, Coimbatore
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From India, Coimbatore
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There is no tea break as per the Factories Act. It is to be ensured that the total hours in a day shall be arranged so that no period exceeds five hours, and no worker shall work for more than five hours before having a rest interval of at least half an hour. Therefore, if the total working hours are 8 hours, there should be one break of 30 minutes in between, which can be scheduled after four hours or even after five hours for convenience. In practice, we will schedule it as 30 minutes after 4 hours.
From India, Kannur
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4483From India, Kannur
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Mr. Madhu's post explains candidly. It may be appropriate to have one tea break during a day shift (A shift). However, it is advisable to have two tea breaks at convenient intervals during the 2nd shift (B shift) and 3rd shift (C shift) for obvious reasons. Some factories provide dinner and breakfast during the 2nd & 3rd shifts; therefore, finalizing these aspects with union/shop floor committees would be prudent. Relevant provisions of the Factories Act, 1948 & The Industrial Relations Code, 2020 should be considered before making a decision (to be read with pertinent Rules made under these acts).
"55. Intervals for rest: (1) The periods of work of adult workers in a factory each day shall be fixed so that no period exceeds five hours and no worker works for more than five hours before having an interval for rest of at least half an hour. (2) The State Government or, subject to the control of the State Government, the Chief Inspector, may exempt any factory from the provisions of sub-section (1) by written order, ensuring the total number of hours worked by a worker without an interval does not exceed six."
THE INDUSTRIAL RELATIONS CODE, 2020 NO. 35 OF 2020 [28th September, 2020.] CHAPTER V NOTICE OF CHANGE 40. No employer proposing to effect any change in the conditions of service applicable to any worker in respect of any matter specified in the Third Schedule shall effect such change without giving notice to the affected workers as prescribed, or within twenty-one days of providing such notice. However, no notice is required when the change occurs due to a settlement or award. 101. (1) The Central Government may amend the First Schedule, Second Schedule, or Third Schedule by notification, and the relevant schedule shall be deemed amended accordingly.
THE THIRD SCHEDULE [See sections 40 and 101 (1)] CONDITIONS OF SERVICE FOR CHANGE OF WHICH NOTICE IS TO BE GIVEN 1. Wages, including the period and mode of payment. 2. Contribution paid or payable by the employer to any provident fund or pension fund or for the benefit of the workers under any current law. 3. Compensatory and other allowances. 4. Hours of work and rest intervals. 5. Leave with wages and holidays. 6. Starting, alteration, or discontinuance of shift working not in line with standing orders. 7. Classification by grades. 8. Withdrawal of any customary concession, privilege, or change in usage.
From India, Bangalore
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"55. Intervals for rest: (1) The periods of work of adult workers in a factory each day shall be fixed so that no period exceeds five hours and no worker works for more than five hours before having an interval for rest of at least half an hour. (2) The State Government or, subject to the control of the State Government, the Chief Inspector, may exempt any factory from the provisions of sub-section (1) by written order, ensuring the total number of hours worked by a worker without an interval does not exceed six."
THE INDUSTRIAL RELATIONS CODE, 2020 NO. 35 OF 2020 [28th September, 2020.] CHAPTER V NOTICE OF CHANGE 40. No employer proposing to effect any change in the conditions of service applicable to any worker in respect of any matter specified in the Third Schedule shall effect such change without giving notice to the affected workers as prescribed, or within twenty-one days of providing such notice. However, no notice is required when the change occurs due to a settlement or award. 101. (1) The Central Government may amend the First Schedule, Second Schedule, or Third Schedule by notification, and the relevant schedule shall be deemed amended accordingly.
THE THIRD SCHEDULE [See sections 40 and 101 (1)] CONDITIONS OF SERVICE FOR CHANGE OF WHICH NOTICE IS TO BE GIVEN 1. Wages, including the period and mode of payment. 2. Contribution paid or payable by the employer to any provident fund or pension fund or for the benefit of the workers under any current law. 3. Compensatory and other allowances. 4. Hours of work and rest intervals. 5. Leave with wages and holidays. 6. Starting, alteration, or discontinuance of shift working not in line with standing orders. 7. Classification by grades. 8. Withdrawal of any customary concession, privilege, or change in usage.
From India, Bangalore
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Factories Act.doc
TN Building Workers Act, 2006.pdf