5 days working with 9.30 hours work - does it require any approval from inspector of factories?

Working hours are 9.30 hours per day, with a total of 47.5 hours per week based on 5 working days. Does this schedule require approval from the inspector of factories? Please provide your comments. We have the flexibility to set these timings as per our own discretion.

First, is this a factory?

Second, does this include time for lunch and breaks?

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First, is this a factory?

Second, does this include time for lunch and breaks?

Understanding Overtime Under the Factories Act

As per the Factories Act, if any employee works for more than 48 hours per week or more than 9 hours per day (whichever is in favor of the worker), it will be considered overtime hours. In this case, it appears that the working hours per day are 9.5 hours. Upon reviewing sections 54, 55, 56, and 59 of the Factories Act, it is noted that the maximum spread over, including rest, is allowed up to 10.5 hours. Considering half an hour of rest (Section 55), the total working hours would be 10 hours, as allowed by the Factories Act. It is advisable to discuss this with the local Factory Inspector for their opinion.

However, it will attract overtime of half an hour every day beyond 9 hours of working hours per day. Therefore, the total overtime hours will be 0.5 x 5 = 2.5 hours per week, and payment will be required for 5 hours at double the rate. It seems that by working for 47.5 hours per week, payment will be required for 45 + 5 = 50 hours' wages.

Thanks and regards,

S K Bandyopadhyay USD HR Solutions

Working Hours Provision Under the Factory Act

Please refer to the below-mentioned working hours provision of the Factory Act. An adult worker shall not be employed for more than 48 (forty-eight) hours in a week and not more than 9 (nine) hours in a day. A compulsory rest of at least half an hour (30 minutes) is required between each period of work, and such a period of work shall not exceed five hours. The total period of work, inclusive of rest intervals, cannot be more than 10.5 hours. The Chief Inspector may, by giving a reason in writing, increase the workday time up to twelve hours.

It is also important to understand the rest intervals provided. The 9.5 hours that you have stated includes how much of a rest interval?

Thank you

On any day, no one is allowed to work for more than 9 hours. This is something you need to revisit, please.

Regards,
RDS Yadav

Hi,

There is still no clarity on the working timings for a 5-day workweek. Could you please let me know how to establish the working hours for a 5-day workweek in a factory setup?

Thank you.