Navigating Post-COVID Work Hours: Does the Union's Proposal Violate the Factory Act?

Due to COVID-19, as per the union's request, we agreed to work 7 hours (6 weekdays) including a 30-minute lunch break. The shortfall in working hours will be compensated once the situation returns to normal. Now that the lockdown is relaxed, the union is proposing to increase working hours to 9 hours per day (6 weekdays) including a 30-minute lunch break to compensate for the shortfall, making the total working hours 51 hours. This exceeds the maximum working hours permissible in a week of 48 hours as per the Factory Act. Will this proposed increase violate the Factory Act of 1948? Please advise.

Formally file a report to the Factory Inspectorate about the agreement with your registered union on work hours to keep them in the loop.

Kritarth Team,
5.6.20

Notification on Increased Working Hours During COVID-19 Relaxation

Some states have recently issued notifications to increase working hours in factories to 12 hours during the COVID-19 relaxation period; Maharashtra is one of them. You need to check if your state government has issued such a notification. If it has, extending the working hours should not be an issue.

Temporary compensatory arrangements, as you mentioned, during the COVID-19 relaxation period and in agreement with workers/unions, should not pose a problem from my perspective.

Repercussions of Default

What will be the repercussions if there is a default? Don't worry.

The 7-hour working day (6 weekdays) including a 30-minute lunch break is not a violation. To ensure safety in the future and avoid receiving a permanent sanction, you should send a copy of your union agreement to both the labor department and the Office of Inspector Factories.