Can Employers Change Working Hours Without Employee Consent? Seeking Clarification

According to my knowledge, an employer cannot increase the number of working hours or decrease earned leaves without the majority of employees' consent or without their prior agreement. Kindly correct me if I am wrong. I also request you to provide some extracts to support my views if I am correct.

Thanks & Regards,
C.M. Mohla

Changing Work Hours Under the Industrial Disputes Act

In respect of workers (workmen as defined in the Industrial Disputes Act), increasing the hours of work will involve changing the service conditions, which require 21 days' advance notice as per Section 9A of the ID Act. At the same time, if the service conditions stipulate that the management can change the conditions of service and the employee is bound to follow it, then any change within the boundaries of the law is permissible and in line with the statute.

That means if the present hours of work are, say, 8 hours including intervals for lunch and tea, and the management asks the employees to increase it to 8 hours working excluding intervals for lunch and tea or even 9 hours subject to a maximum of 48 hours in a week, then the change is subject to legal requirements regarding hours of work.

Case Reference: Oil and Natural Gas Commission vs. Their Workmen

In Oil and Natural Gas Commission vs. Their Workmen [(1972) 42 F J R 551], it was held that the fixation of hours of work within the provisions of the law is a management prerogative, and increasing it from fewer hours to hours permitted under the Act will not involve changing conditions of service.

Regards,
Madhu.T.K

Dear Madhu T K, The company plans to increase working hours, including lunch and tea time, from 8 to 9 hours a day, with six days of work. Kindly advise on the earned leave issue as well.

Thanks and Regards,
C.M. Mohla

If the lunch and tea time is 1 hour (Break), then it is not against the Act/Law as advised by Mr. Madhu. With regard to earned leave, please refer to the Factory Act or S&E Act of your state.

Please provide the details of your daily hours of work and weekly hours of work, particularly regarding lunch and tea breaks. Additionally, please refer to the provisions of the Standing Orders, as many Standing Orders offer flexibility in determining shift operations.

Thank you,

KK