Seeking Your Thoughts on Our New Five-Day Work Week and Shift Timings Changes

Dear Seniors, I would like to seek your opinion on the following:

Shift to a Five-Day Work Week

Ours is an engineering industry situated in the Bommasandra Industrial area. Our management has shifted to a five-day working week due to marketing and production constraints, and this will be in force for two to three months.

Shift Timings Due to Five-Day Week

- **First Shift:** 5:30 hrs to 15:00 hrs – including a lunch break of 30 minutes.
- **Second Shift:** 15:00 hrs to 24:00 hrs (midnight) – including a lunch break of 30 minutes.
- **General Shift:** 6:00 hrs to 18:00 hrs – This timing is specifically for the moulding area to achieve better energy savings and production. This includes a lunch break of 30 minutes. This is a four-day week from Monday to Thursday.
- **Additional Shift:** 18:00 hrs to 6:00 hrs – This is also a four-day week from Tuesday to Friday.

Kindly post your opinion on whether this is acceptable and if we can give intimation to the Director of Factories and Labour Commissioner.

Thanks and Regards,

YD GOPAUL
Manager-Admn & Accts
Sahney Commutators Pvt Ltd
Bangalore.

The Factories Act rules are framed based on normal work conditions with 8 hours of work and a half-hour break. Any changes made to this should be communicated and approved. Therefore, you can contact your Factory Inspector to proceed further. Normally, your proposed working hours will not be allowed despite the five-day week system. Decide accordingly depending on the situation.

Regards,
N. Ragavendiran

I completely agree with Mr. Ragavendiran. As per the Factory Act rules, the normal work condition should be 8 hours with half an hour of break. Since your company has decided to change the shift timings, the management should intimate the Factory Inspector and get his approval before implementing the same.

An employee is allowed to work for 9 hours in a day as per Section 54 of the Factories Act 1948. There is no exemption provision for extending working hours. Beyond 9 hours of work in a day will be treated as extra hours, attracting OT provisions under Section 59. However, Section 51 allows for 48 hours as the weekly hours of working. Any hours worked beyond 48 in a week will be liable for OT under Section 59 again. It is crucial to be careful, as any violation will lead to the prosecution of the Occupier and Manager.

Thank you,

Regards,
Mritunjay Nath Sahu
GM (HR)

Dear Gopaul,

Already, Mr. Ragavendiran and Mr. Mritunjay Nath Sahu have given you the reply.

1. The five-day workweek will be accepted by the Inspector of Factories in your state, and you will get approval. However, approval for a four-day, 12-hour work schedule is not possible. Even if accepted, you must pay double the overtime for the 12-hour period. Therefore, please reconsider and act accordingly.

2. Before implementing changes in the working hours, please obtain approval from the Factories Inspector, as your company operates in the manufacturing industry.

I hope your doubts are clear now. If you have any further questions, please do not hesitate to seek guidance from our members.

Regards.