Understanding Spread Overs: How Do Rest Intervals Fit into the 10 1/2 Hour Limit?

As it is said that spread overs should not be more than 10 1/2 hours, including rest intervals. Kindly explain what 10 1/2 hours constitute. I mean, if daily hours cannot be more than 9 hours a day and an interval of rest of 1/2 hour for every working 5 hours, then what other parameters are to be considered for 10 1/2 hours.

Regards,
Vikas

Thank you for your reply, but my question does not correspond with the answer given. I already know about weekly working hours. My question is regarding spread overs, specifically restricted to not more than 10 1/2 hours, including rest intervals. I want to understand what constitutes 10 1/2 hours or, more precisely, how it can be divided into daily hours, rest intervals, and other factors to total 10 1/2 hours.

Regards,
Vikas

Understanding 'Spread Over' in Work Hours

'Spread Over' is the maximum span of time an employee is under the disposal of their employer, inclusive of the periods of rest. It varies according to the legislation applicable to the establishments. In the case of Shops and Establishments, the spread over is 12 hours, and for factories, it is 10 1/2 hours a day, for example. The nature of the work or activity being carried out in an establishment is the determinant. Half an hour is the minimum rest interval prescribed. There is no harm in giving a longer duration of rest or more than one interval of rest depending on the nature of the work.

Thank you.

Thank you, sir, for such an elaborate illustration. But I still have a query. If the daily hours are 9 hours a day with a rest interval of a minimum of half an hour, which gives us a total of 9 1/2 hours, do the remaining 2 hours (spread over not more than 10 1/2 hours) depend on the work and activity on the premises? Please correct me if I am wrong.

Additional Queries

I have two more queries:

1. Who are health officers as per the Factories Act 1948, and how do they differ from certifying surgeons as per the Factory Act 1948?

2. Does the site appraisal committee constituted by the state government have the power to reject an application for a hazardous process? If it has rejected the concerned application, does the state government have the power to still grant permission for the hazardous process?

Regards,
Vikas

To explain alternatively, spread-over is the gap between the check-in time for work and the check-out time from work. Within this time frame, rest intervals can be allowed, sticking to the minimum duration depending upon the job requirements.

Duties of Certifying Surgeons under the Factories Act, 1948

Under Sec. 10 of the Factories Act, 1948, Certifying Surgeons are appointed by the State Government area-wise or classes of factory-wise. The Certifying Surgeon shall carry out such duties as may be prescribed in connection with:
1. Examination and certification of young persons under the Act.
2. Examination of persons engaged in factories in such dangerous occupations as may be prescribed.
3. Exercising of such medical supervision for any factory or class or description of factories where:
- Cases of illness have occurred which it is reasonable to believe are due to the nature of the manufacturing process carried on or other prevailing conditions therein.
- By reason of any change in the manufacturing process carried on or in the substances used therein or by reasons of the adoption of new manufacturing processes for use, there is a likelihood of injury to the health of workers employed therein.
- Young persons are about to be employed in any work which is likely to cause injury to their health.

State Factory Rules and Occupational Health

Whereas, under the State Factory Rules (for instance, rule 62-O of the TN Factory Rules, 1950), in addition to maintaining Occupational Health Centers, any factory carrying on a hazardous process should have a FACTORY MEDICAL OFFICER on a retainer basis for carrying out pre-employment and periodical medical examinations and rendering medical assistance during any emergency.

Role of the Site Approval Committee

The SITE APPROVAL COMMITTEE constituted under section 41-A is only an advisory body to advise the State Government to consider applications for the grant of permission for the initial location of the factory involving a hazardous process or for the expansion of any such factory. Therefore, it may recommend rejection of the application on account of deficiencies in its opinion. If you look at the number and qualifications of the members of the Committee and its purpose, no prudent Government will take a decision in its plenary power contradictory to the advice of the Committee.

Regards.

I have a query that, as per the factory, if a person works more than 9 hours in a day and 48 hours in a week, they are eligible for overtime payment.

Secondly, the employer must give a 1/2 hour break for every 5 hours of working. For example, if the duty starts at 9:30 am and ends at 5:30 pm (9 hours), when will the employee get the rest interval and how many hours exactly did he work?