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Hi Everyone Maximum working hours can be 9 hrs including the lunch time (If the organization is 5 days working) Regards Garima
From India, Gurgaon
Dear according to shop & establishment act there is maximum nine hours in a day and 48 hours in week. Regards xpert
From Pakistan, Karachi
log on to www.hrassistance.blogspot.com for working hours for workmen in Labour Laws section.
From India, Madras
hi as per The Factories Act 1948 maximum working hours per day is 9 hrs (including rest intervals) and maximum 48 hours per a week regards krishna saladi +91 98481 04265
From India, Madras
Dear Leena and Shwetha

There two different issues One is about ownership and the other is running an undertaking

1. Ownership

Any undertaking can be owned by an Individual(Propreitor) or Partners(Partnership) or by a Company (equity Shareholding) These owners can decide to run any business undertaking which may be manufacturing or trading or Service (like hotels/hospitals)or Retailing(shops) or BPOs.

Registration of ownership shall be under those acts and with specific authorities It is more to do with the Capital

2. Undertaking

An undertaking can be a factory or a shop or a mine or a hotel or a hospital or a BPO To run these undertakings the owner takes a licence from the prescribed authority Factories may have their Head quarters separately and they will fall under establishment

I am not sure about Mines Act. All other legislation prescribe eight hours for the employees for the workman or employees What is the exact question?Maximum hours for the establishment or for the employees?

Siva

From India, Chennai
In case if any organisation need to have a shift timing of 12 hours per day (not exceeding 45 hours per week or 180 hours per month) is it allowed.
From India, Bangalore
Hi all
The employee in one factory is working for 8.5 Hrs per day .
They are availing of total 3 breaks 15+30+15 Min = 1Hr
apart from thes breaks they are keeping the machine down for going for natural needs and productivity hampers by 10 to 15 min per shift .
Is it correct ? What does the factory act suggest ?
Kindly guide.


Gentleman,

First we have to understand the concept of "Compressed Shift" for engaging employees on 12 hours shift working at stretch.

As per factories Act employee working more that 9 hours excluding period of rest and interval are eligible for overtime. on the othre hand if total working hours in week exceeds 48 hours even then he is eligible for overtime if he/she falls under the defination of Workmen under Factories Act.

If employees are outside the perview of Factories Act and the defination of workmen as described under relevent labour Laws he can be compensated with " compensatory Off for the extra time spend on work.

If you are thinking of introducing 12 hours working shift employee must not be worker engaged in manual or physical nature work at stretch of 12 hours. Because its practically hazardous for health of workeman to work more than 8 hours and beyond ILO resolution and norms.

But you may arrange shift of 12 hours as compressed shifts by compensating equal number of hours holidays as applicable. for example if you follow 5 day working and 2 weekly off rest days. the total hours of 12 x 4= 48 hours as working and remaining three days compensatory off. You can manage shift rotation accordingly depending on number of days you want to schedule as working days and corrospondingly allowing employees to take off days under so called "compressed shift"
This is being followed in Oil & Gas Industry specially for off-shore jobs on Rigsites and wages are paid on hourly basis. These are very hight end jobs with highly critical and specialised jobs as wells working enviornment is also tough to work for example there are shift rotation like 70:21, 35:35: kind of shift rotations.

But if you are apply this principle to the low paid Indian workforce it will be henious crime against humanity because they are not eligible for even 10% of what salary is being offered for such compressed shifts in Oil & Gas sector. This is tough working schedule and mostly europians are working on such shift rota.

For the information of those who do not distinguish how to measure what element of compensation to be considered as compensable and not compensable activities during shift shall read the following norms which has been recognised and acceptable internationally.

Compensable work chart
What time must employees be paid for? Use the chart below for a quick reference.
Time spent during working hours
Compensable:
  • Coffee and snack breaks
  • Fire drills
  • Grievance adjustment during time employee is required to be on premises
  • Meal periods if employees are not relieved of duties, if not free to leave posts or if too short to be useful (less than 1/2 hour)
  • Meal periods of 24-hour on-call employees
  • Medical attention on plant premises or if employer directs outside treatment
  • Meetings to discuss daily operations problems
  • Rest periods of 20 minutes or less
  • Retail sales product meetings sponsored by employer
  • Show-up time if employees are required to remain on premises before being sent home
  • Sleeping time if tour of duty is less than 24 hours
  • Stand-by time-remaining at post during lunch period or temporary shut down
  • Suggestion systems
  • Walking to the production area after donning required work gear
  • Travel:
o from job site to job site

o from work site to outlying job

o to customers

o from preliminary instructional meeting to work site
  • Waiting
o by homeworker to deliver or obtain work

o by truck driver standing guard while loading

o for work after reporting at a required time

o while on duty

o to take off protective work gear at the end of the day

Noncompensable:
  • Absence for illness, holiday or vacation
  • Meal periods of 1/2 hour or longer if relieved of all duties and free to leave post (but can be confined to plant premises)
  • Medical attention by employee choice of outside doctor
  • Shutdown for regular maintenance
  • Sleeping time up to eight hours if tour of duty is 24 hours or longer, if agreement to exclude sleep time exists, facilities for sleeping are furnished, at least five hours of sleep are possible during scheduled period, and interruptions to perform duties are counted as hours worked
  • Union meetings concerning solely internal union affairs
  • Voting time (unless required by state law)
  • Waiting after relieved of duty for a specified period of time that allows employee to engage in personal activity
Time spent before, after, or between regular work hours
  • Compensable:
  • Arranging or putting merchandise away
  • Bank employees waiting for audit to finish
  • Changing clothes, showering or washing if required by the nature of the work (such as job with chemicals requires bathing for worker health)
  • Changing clothes, showering or washing if required by the nature of the work (such as job with chemicals requires bathing for worker health)
  • Clearing cash register or totaling receipts
  • Discussing work problems at shift change
  • Distributing work to work benches
  • Equipment maintenance before or after shift
  • Getting steam up in plant
  • Homework under contract with employer
  • Make-ready work, preparatory work necessary for principal activity
  • On-call time if employee must stay on or near premises so as to have liberty restricted or not use time as pleases
  • Photography and fingerprinting for identification purposes
  • Physical exam required for continued service
  • Suggestions developed pursuant to assignment
  • Travel time to customer on after-hour emergency

Noncompensable:
  • Changing clothes, washing or showering for employees' convenience
  • Homework of which the employer has no knowledge
  • Meal periods while on out-of-town business
  • Medical attention by company doctor even if injury was at work
  • Obtaining equipment from lockers where lockers are not recommended or required
  • On-call time when only telephone number to be reached or other similar contact device is required so that employee can come and go as pleases
  • Opening plant and turning on lights and heat
  • Preemployment tests
  • Retail sales meeting sponsored by manufacturer if attendance voluntary
  • Reporting early to promptly relieve prior shift
  • Time between whistle and start of work
  • Trade school attendance
  • Training programs sponsored by employer if outside regular work hours, attendance is voluntary, employee does no productive work while attending and program is not directly related to employee's present job (as distinguished from teaching another job or additional skill)
  • Travel time:

o from home to work site or vice versa (even if employer provides transportation)

o from plant entrance to work site

o from time clock to work site

o to and from dressing room

o from outlying job to home
  • Unauthorized overtime if prohibited and without employer's knowledge
  • Voluntary attendance at government- sponsored safety meetings
  • Voluntary attendance at industry meeting to keep abreast of technological change
  • Waiting:

o for paycheck

o at time clock

o to start work at designated time after arriving early

o to put on first piece of required protective equipment prior to the start of the workday

Regards

Sawant

From Saudi Arabia
Dear All,
As per the Factories Act , the provision is laid down under the section 51, 54, 55, & 56.
One can take the guidelines from this. Although the maximum working hours is 9 hours, but it can be spread over to 10.5 hours per day.


51. WEEKLY HOURS. - No adult workers shall be required or allowed to work in a factory for more than forty-eight hours in any week.
54. DAILY HOURS. - Subject to the provisions of section 51, no adult worker shall be required or allowed to work in a factory for more than nine hours in any day:
Provided that, subject to the previous approval of the Chief inspector, the daily maximum hours specified in this section may be exceeded in order to facilitate the change of shifts.
55. INTERVALS FOR REST. - (1) The periods of work of adult workers in a factory each day shall be so fixed that no period shall exceed five hours and that no worker shall work for more than five hours before he has had 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, by written order and for the reasons specified therein, exempt any factory from the provisions of sub-section (1) so however that the total number of hours worked by a worker without an interval does not exceed six.
56. SPREADOVER. - The periods of work of an adult worker in a factory shall be so arranged that inclusive of his intervals for rest under section 55, they shall not spread over more than ten and a half hours in any day : Provided that the Chief Inspector may, for reasons to be specified in writing, increase the spread over up to twelve hours.

From India, Delhi
Dear All,
the maximum hours inclusive of spread over, is 10and half,however the person may be asked to stay for more, in case of exigency or emergency. In relation to overtime, it is not the hours in day, but the weekly hours is that which matters

From India, Ahmadabad

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