Is Paying Double Overtime for Weekly Off Days Legal for Contract Labor in a 30-Day Factory Run?

Dear Members,

I have a query related to overtime and weekly off conditions for contract labor. If a factory is operating for 30 consecutive days and contract laborers are working continuously for the same period, with the organization paying double overtime for the weekly off day, what about the weekly off day itself? Is this practice legal?

Thank you.

Weekly off is a statutory provision and cannot be deferred indefinitely. Compensatory/alternate off, when computed, needs to be availed within ten straight calendar days. Refer to the Factories Act for details.

Kritarth Team, 30.4.19

Dear Shishupal,

The practice is certainly illegal as it is a gross violation of sections 51 and 52 of the Factories Act, 1948, relating to weekly hours and weekly holidays respectively. As observed by our learned friend Mr. Rao, all the labor laws applicable to the Principal Employer's establishment in respect of his regular employees would simply apply to the contract labor engaged by him.

Dear colleague,

The FA provisions, as quoted by the learned colleague, require you to adhere to provisions relating to daily working hours, OT, and weekly off, which uniformly apply to regular and contract workers. The Act requires you to give one day's weekly off after every six days of work. For any reason, if you can't, no work can be carried out consecutively for more than 10 days without giving a weekly off on the 10th day. Overtime payment at double the rate is applicable for working beyond eight hours daily or 48 hours weekly, but overtime hours are restricted to 60 hours per quarter.

It appears that you are violating the above provisions by continuously working contract workers for 30 days without giving the prescribed weekly offs. You cannot wriggle out by saying that you are paying double the rate for working on the off day. Before factory inspectors find this, please take prompt corrective actions or face fines and/or imprisonment.

Regards,
Vinayak Nagarkar
HR Consultant

The perspective of contract laborers

Seniors have already replied to your query satisfactorily. However, I wish to share the other side of the contract laborers' thinking. Most of the contract laborers come from various parts of India, unable to secure regular employment in their state. When accepting a contract job, they decide they will work for this contract for 6 months to 1 year and earn the maximum possible amount during their project stay. They are willing to work on all weekly offs and paid holidays because they receive additional compensation, which they can utilize for their family members. Generally, they do not have any relatives where they have accepted the job, so they do not visit relatives or friends during their time off. Therefore, if the workmen are comfortable, satisfied, and have no issues, why should we seek the shelter of laws?

In India, there are industries where workmen work for 12 hours daily but are paid for only 8 hours, sometimes receiving a maximum of 1 1/2 days' salary. On the other hand, your contractor is at least paying double the overtime. In projects where contract labor works a maximum of 6 hours on a weekly off and earns overtime for 16 hours, this is not just my opinion. I am presenting the facts concerning contract laborers.

Regards,
Suresh

Dear Anonymous, from your post, it appears that you are working from 9:00 a.m. to 6:00 p.m. and not taking any tea breaks, lunch breaks, chatting, or washroom breaks. Please carefully confirm how much time you are utilizing for these activities and deduct this time from your 9-hour duty requirement. I am confident you are not working more than 8 hours a day.

Dear Colleagues,

If you are giving a total of 1 hour's lunch break/tea breaks, you are within provisions relating to spread over. If not, you are working overtime of half an hour daily for which you have to pay double. Arrange timings from 9 to 5.30 inclusive of lunch break. It is surprising to see the views of Mr. Suresh subscribing to and justifying extra working beyond the law under the name of needy contract workers. For the sake of needing more money, if you throw provisions of the law to the winds, then it would be free for all, leading to a chaotic situation.

Regards, Vinayak Nagarkar HR-Consultant.