Are My Understanding of Working Hours and Overtime Rules Correct? Seeking Clarity from Experts

Dear Seniors,

Though this topic has been discussed several times in the community, I just need a little bit of confirmation that whatever I have grasped is correct. Please check the below-mentioned points:

1) In laws, it says that an employee can work for a maximum of 9 hours per day and 48 hours per week. Both these timings are exclusive of lunch breaks/rest periods. For example, if a company works from 9:30 to 7 pm (5 days working) and gives 30 minutes of a lunch break, then is the net 9 hours of working correct?

2. Overtime is payable if somebody works for more than these specified 9 working hours or net 48 working hours per week. For example, if a company works from 9:30 to 6 and gives 30 minutes of break, then its net working time is 8 hours. So, even if an employee works until 7 pm daily for a week, then no OT is payable as the total net working hours for the week become only 45. Am I right in this?

3. If in an organization we state our spread over is 10 hours, and the timing details are from 8:30 am to 6:30 pm, including a 30-minute lunch break, and two 15-minute tea breaks, which makes net working hours as 9 only, then are we legally correct?

4. So, if all the points above are correct, do we need to declare it beforehand only to the inspector who comes for the survey, or can we say this is as per our policy at that point only?

My questions might be lengthy, but please help me by clearing my doubts and making this matter crystal clear to me.

Looking forward to all the seniors' help.

Thanks,
Neha

Prashant,

Can you clarify the daily working hours as per the Factory Act, including lunch and tea breaks?

(SK)

Dear Neha,

Whatever you have mentioned is as per the Factory Act of 1948. I believe this should also be applied under the Shop and Establishment Act; however, you must provide prior intimation to the authorities, i.e., the labor department, as this information is submitted on F-11 to the Inspector of Factories under the Factory Act.

Thank you,
Rajesh Gautam

Dear Neha,

In my opinion your statement is considered to be correct keeping in view the Punjab Shops & Commercial Establishment, 1958 as extended to the UT Chandigarh. While granting interval of rest you are to follow section 8(1) this Act. As far as the matter of intimating the Inspector under this is concerned we are to follow section 12(2) (ii) for changing working hours & period of interval of rest. Section 12(2)(ii) of this Act may be read as under:

‘The employer of an establishment may change the working hours & the period of interval once in a quieter of the year by giving by giving intimation in the prescribed form to the prescribed authority at least fifteen days before the change is to take place'. You must be knowing that the prescribed authority is the Labour Inspector of your area who is also looking after the enforcement of the Shops Act. The format of sending any change is Form “G'.

This change in Hours of work & rest intervals is also included in the Fourth Schedule of the Industrial Disputes Act, 1947 wherein notice of change is to be given to the employees of twenty one days before such change is to be effected. For more details you may also go through section 9A of I D Act.

Submitted as requested.


Regards,
R.N.Khola