Drafting a Time and Attendance Policy
In my organization, I have been asked to draft a policy on time and attendance. Since we are still in the drafting stage, I would like to seek as much help, guidance, and support from you seniors before finalizing the policy. I am looking forward to your assistance (mine is a construction company).
Considerations for the Policy
a) National Holiday Rules
26th January, 1st May, 15th August, and 2nd October are mandatory holidays. The company must observe official holidays on these days. My question is, what are the disadvantages if an organization does not follow these rules?
b) Compliance with the Factories Act
I have considered the requirements as per the Factories Act, which states that an adult worker should not be employed for more than 48 hours a week and not more than 9 hours a day. There must be a compulsory rest of at least half an hour (30 minutes) between each work period, with a maximum of five hours per period. The total work period, including rest intervals, cannot exceed 10.5 hours. Additionally, I have considered the Shops and Establishment Act, which fixes the maximum work hours at 9 hours a day and 48 hours a week. Overtime (OT) should be provided if an employee works beyond the stipulated hours. The Act also mandates that every shop and commercial establishment must remain closed for one day per week. It is unlawful for an employer to call an employee to work on a day when the establishment is closed. My question is, what are the consequences if an organization does not adhere to the prescribed work hours, making employees work long hours without proper rest or weekly offs?
c) Lunch Policy at the Workplace
I have been tasked with drafting a policy that mandates lunch to be taken at the site office or workplace itself, with all staff remaining on-site during lunchtime. There is a small pantry area with limited seating capacity. Given that the staff strength will be around 80 to 85, is it legal for an organization to restrict employees from leaving the workplace during lunchtime and interfere with their right to have their own food?
d) Fixed Lunchtime Hours
The company's lunch hours are set from 1:00 P.M. to 2:00 P.M., and all employees are expected to adhere to these timings. Is enforcing a fixed lunchtime a violation of an individual's fundamental rights? While it may be reasonable to set a lunch period, can an organization dictate the exact timing of when employees must have lunch?
I still have time to address these concerns as the policy is not yet finalized, and the company is not operational. Your guidance on these matters would be greatly appreciated!
In my organization, I have been asked to draft a policy on time and attendance. Since we are still in the drafting stage, I would like to seek as much help, guidance, and support from you seniors before finalizing the policy. I am looking forward to your assistance (mine is a construction company).
Considerations for the Policy
a) National Holiday Rules
26th January, 1st May, 15th August, and 2nd October are mandatory holidays. The company must observe official holidays on these days. My question is, what are the disadvantages if an organization does not follow these rules?
b) Compliance with the Factories Act
I have considered the requirements as per the Factories Act, which states that an adult worker should not be employed for more than 48 hours a week and not more than 9 hours a day. There must be a compulsory rest of at least half an hour (30 minutes) between each work period, with a maximum of five hours per period. The total work period, including rest intervals, cannot exceed 10.5 hours. Additionally, I have considered the Shops and Establishment Act, which fixes the maximum work hours at 9 hours a day and 48 hours a week. Overtime (OT) should be provided if an employee works beyond the stipulated hours. The Act also mandates that every shop and commercial establishment must remain closed for one day per week. It is unlawful for an employer to call an employee to work on a day when the establishment is closed. My question is, what are the consequences if an organization does not adhere to the prescribed work hours, making employees work long hours without proper rest or weekly offs?
c) Lunch Policy at the Workplace
I have been tasked with drafting a policy that mandates lunch to be taken at the site office or workplace itself, with all staff remaining on-site during lunchtime. There is a small pantry area with limited seating capacity. Given that the staff strength will be around 80 to 85, is it legal for an organization to restrict employees from leaving the workplace during lunchtime and interfere with their right to have their own food?
d) Fixed Lunchtime Hours
The company's lunch hours are set from 1:00 P.M. to 2:00 P.M., and all employees are expected to adhere to these timings. Is enforcing a fixed lunchtime a violation of an individual's fundamental rights? While it may be reasonable to set a lunch period, can an organization dictate the exact timing of when employees must have lunch?
I still have time to address these concerns as the policy is not yet finalized, and the company is not operational. Your guidance on these matters would be greatly appreciated!