Understanding Working Hours Regulations and Employee Union Impact on Office Timing Extension

Dear Sirs,

We work in a sales company under the Bombay Shop & Establishment Act. Currently, we observe 08:30 to 17:45 as our working hours for 5 days per week. The company is now planning to increase the timing by 15 minutes. We have approximately 250 employees, and some employees are part of the employee's union.

I believe that we currently work for 9.15 hours per day. After the increase of 15 minutes, it will become 9.30 hours. Under this act, what should be the maximum working hours per day or per week? I understand that 9 hours are mentioned in the Act. Does this include lunch and breaks, or does it exclude them?

Can we increase office timing? What actions might the union take against this? How should we represent the increased office hours?

Thanks & Regards,
Abhay

9 hours include intervals/lunch break, etc., of 1 hour. The total working hours per week should be 48 hours or 54 hours, including breaks. Since you work five days a week, there should not be any hindrance from the union. However, it is always advisable to keep them in the loop and seek their confidence. Lastly, let others/seniors give their views as well.

9 hours do not include intervals of rest but rather represent the actual working hours per day. Simultaneously, the weekly hours should total 48 hours. Therefore, working 9 hours and 15 minutes a day would result in a weekly total of less than 48 hours. Furthermore, when factoring in intervals of rest, the total hours worked would still fall below the legal requirement. According to the Shops Act, there are specific regulations regarding the spread of work, which encompasses the total hours, including rest intervals.

Under the Bombay Shops and Commercial Establishments Act, the spread of work is set at eleven hours per day for commercial establishments, except for theatres, hotels, and restaurants, which have different prescribed limits. Consequently, there should be no legal issues in implementing the new timing. However, since altering working hours constitutes a change in employment conditions, it is necessary to provide employees with a notice under section 9A of the Industrial Disputes Act at least 21 days before implementing such changes.

Madhu.T.K

Hi,

Mr. Madhu T. has correctly advised about the Notice of change under Section 9A of the ID Act. The management is required to give 21 days of notice to the workmen/Union about the proposed change in the working hours. In case no agreement is arrived at between the employer and the workmen/union, the matter will go for conciliation. If there is no agreement/settlement before the conciliation officer, the matter may be referred to the Court for adjudication. The employer cannot make any change in the working conditions unless the matter is agreed to or adjudicated in favor of the management.

It is for this reason that managements try to settle the matter in consultation with the operating trade union and effect the change.

Cyril

I think the Bombay Shops and Commercial Establishment Act should be revised to 45 hours per week. This would mean a 9-hour workday including lunch and breaks. I believe that 8 hours per day should be the maximum work limit for all commercial and government organizations.

Dear Sir or Madam,

Please note that worldwide, no law permits more than 8 hours of work per day or 48 hours of work in a week. Any work exceeding 8 hours a day is considered overtime. Overtime must be pre-approved in writing by the competent authority before being undertaken. Engaging in overtime without approval is illegal and can lead to criminal procedures.

Furthermore, when overtime is assigned, it should not surpass two hours per day and should be compensated at a premium rate, which is double the ordinary rate of wages or salary. Overtime should not exceed 60 hours in a three-month period.

Additionally, overtime should be voluntary and not mandatory. Employees have the right to refuse overtime.

When defining work hours, please consider the above points before finalizing.

Thank you.

Best regards,

Avinash
M: +91 9925195350
Email: avinashdhomse@yahoo.com

Different laws have given different interpretations to the term working hours. In the Factories Act (a central Act), the working hours are nine hours a day, subject to a maximum of 48 hours a week. This excludes rest intervals, not including intervals for lunch and tea, and the total spread over is 10 1/2 hours. When it comes to overtime calculation, an employee is entitled to overtime if they have worked beyond 9 hours, but their overtime will be calculated from the hours exceeding 8 hours.

Under Shops Acts (State Acts), different spread overs are permitted in various states. The information I have provided is relevant to Maharashtra, where different sectors have different spread overs; for example, 11 hours for shops and commercial establishments, and 14 hours for theatres. The 14 hours mentioned is not the actual working hours but the total span, which includes intervals. In theatres, individuals have significant intervals between different shows. This allows for continuity without the need for shift arrangements; the same personnel can attend all the shows, starting from the 1st show at 10 am and continuing until midnight without breaks.

This differentiation may not be present in other state rules. However, in general, all state Acts specify common working hours, i.e., 48 hours per week.

Madhu.T.K