Are Maintenance Workers Entitled to Overtime Pay with New Rest Demands?

Maintenance section employees are demanding 1 hour of rest for every 4 hours of work, meaning working hours would be reduced by 3 hours (in a 12-hour shift). The question at hand is whether these workers are eligible for overtime pay or not.

Dear All,

Please advise me on the demand put forth by employees to have a 1-hour rest for every 4 hours of working. The question now arises regarding the working hours, which will be 8 hours in a 12-hour shift (3 hours of rest + 1 hour for lunch). Therefore, the query is whether they will be entitled to overtime pay or not.

Thank you.

First, 12-hour shifts are illegal. Second, the Factory Act requires each worker to be given a rest of at least half an hour after every 5 hours of work. The maintenance work is tiring and requires physical effort. So, you need to take that into consideration.

If their actual hours of work are only 8, they are not entitled to overtime wages. In this case, the spread-over is 12 hours. So, you need approval from the Factories Inspection.

Ah! I misread the question.

But will it be a break shift if they are giving q-hour breaks 3 times instead of 4-hour contiguous breaks?

Work Hours and Rest Intervals for Factory Workers

Section 55 of the Act states that the periods of work for adult workers in a factory each day should be fixed in a way that no worker works for more than 5 hours without a rest interval of at least half an hour. The Chief Inspector of Factories has the authority to exempt any factory from this rule, ensuring that the total hours worked by a worker without a break do not exceed six.

Section 56 of the Act specifies that the work period for adult workers in a factory, including rest intervals as per Section 55, should not exceed ten and a half hours in a day. The Chief Inspector may allow an extension up to twelve hours under specific circumstances.

Therefore, it is evident that 12-hour shifts are not allowed without explicit permission from the appropriate Labor Authority.

Understanding 12-Hour Shifts with Spread Over

It is essential to take permission from the Factory Directorate before introducing a 12-hour shift with spread over. One thing is not clear from your submission. Arithmetically, it is okay that in a 12-hour shift with spread over, there are 3 hours of rest + 1 hour of lunch + 8 hours of working hours = 12 hours including spread over. But in actuality, when you allot the duty, it will be either 3 hours of work + 1 hour of rest + 3 hours of work + 1 hour of rest + 1 hour of lunch + 2 hours of work, and the shift ends. The total hours will be 11 hours, including spread over. It may be 3 hours of work + 1 hour of rest + 1 hour of lunch + 3 hours of work + 1 hour of break + 2 hours of work, and the shift ends—again, totaling 11 hours, including the interval of rest. How are you allocating jobs to fulfill the 12-hour spread over? I have considered 1 hour of rest for every 3 hours of work and a 1-hour lunch break. Is there any other combination? Please let us know.

In a jute mill, there is a practice of a 12-hour shift with spread over, where the first 4 hours are working hours, then 4 hours of rest, and again 4 hours of working hours.

Overtime and Special Allowances

There will be no overtime if the working hours per day are 8 hours / 48 hours per week. However, there are organizations that offer overtime/special allowances if the job requires special attention. I suggest introducing some special allowance if needed, but no overtime, as it is not necessary to pay overtime as per the Factories Act.

Thanks & regards,

S K Bandyopadhyay

USD HR Solutions

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Whether the spreadover can be like this - 3 hours of work + 1 hour of rest + 2 hours of work + 1-hour lunch break + 2 hours of rest + 3 hours of work. This way, the total spreadover is limited to 12 hours (with permission from the Factory Inspector). The lunch break will be taken after five hours of work. Seniors can clarify and correct me if my calculation is wrong because this is interesting.

B. Saikumar

Hi,

As per the Shops Act, you can implement a spread hour shift which will resolve the problem. With a spread-over shift, you can stretch the shift to 12 hours with a break of 3 hours in between. I hope this may resolve your problem.