Legal Implications Of 12 Hours Duty - Reg

Help you ?
Just find another job and walk off.
No one is holding you there at gun point.
What help do you expect ? That we will come and get you out of the factory ?
Have you even bothered to do a search on the forum to see if anyone has already given the solution to the problem ?

If your organization is not a Factory ,check the provisions of your state's Shops and Commercial Establishments Act also.

You need to get approval from Labour department to implement this. Legally no one is allowed to work for more than 8 hours a day and 48 hours a week. As you plan is violating the law of land, it needs to be ratified and approved by commissioner of Labour. Else Management may be prosecuted.

""As you plan is violating the law of land, it needs to be ratified and approved by commissioner of Labour. Else Management may be prosecuted.""
The Factories Act or Shops and Establishment Act will not permit such working hours which are beyond what is laid down by law.
Powers of Regulatory authorities to approve 12 hour shifts will be very limited as it can have cascading effect and many industries may demand similar working hours.

Further to my above post regarding maximum working hours,the powers of Chief Inspector are as below:
Sec 54. Daily hours.-
Subject to the provisions of section 51, not adult worker shall be required or allowed to work in a factory for more than nine hours in any day:
1[Provided that, subject to the previous approval of the Chief Inspector, the daily maximum specified in this section may be exceeded in order to facilitate the change of shifts.]
I really doubt whether approval for 12 hour shifts can be legally given.

After all the discussion on working hours,spread over,chief Inspector,conclusion on the legality of 12 hour work schedule on daily basis is that such working hours will be illegal.
One needs to avoid such extended working hours.

Interesting.
After all the discussions we have had here, the original poster has not bothered to reply or give clarification to any of the points raised all comments given. Interesting.
After all the discussions we have had here, the original poster has not bothered to reply or give clarification to any of the points raised all comments given. Which, unfortunately, is a regular feature on this forum. I hope, some other person with similar problem may benefit from the discussion we have had. But that also is a fast stretch since people seem to search previous threads but put the point afresh next time :)

Dear sir Brijendra_Singh, nathrao, saswatabanerjee and umakanthan53,
really sorry for delayed response and thank you all for your valuable opinion on this subject. just wanted to clarify some of your queries that
- we comes under shops and establishment act.
- working hours of 12 hours is spread over only which includes break also.
- as the 12 hours pattern also ending with 48 hours a week, there will not be any manpower reduction.
- The working hours adjustment is only for mgt and employee's convenience only.
our management propose to get exemption as per sec 6 of TN shop act from the govt authority prior implementing this system.
Thank you,
Rgds.,
Uthiramoorthy H

This does not match up with your original post.
You are talking of 12 hours spread over. I hope you know what spread over is.
Are you trying to tell us that in the 12 hours the employee will be in the office, they will actually be working only for 8 hours ?
In that case, what's your break pattern ?
Spread over will mean 4 hours of break in work schedule. So here is something like a break shift, with (say) 4 hours of work, than 4 hours break and 4 hours work again. umakanthan53, I hope I have understood spread overs correctly.

""our management propose to get exemption as per sec 6 of TN shop act from the govt authority prior implementing this system.""
Scope of Section 6 of the above referred act may not extend to fixation of regular working hours on permanent basis,beyond what is laid down in the Act.
The working hour pattern has health effects on workers.