Due to covid 19, as per union request we agreed for 7 hours working (6 week days) - surpassing the maximum working hours permissible

biswaranjan-biswal
Due to covid, as per union request we agreed for 7 hours working (6 week days) including lunch break of 30 minutes and the shortfall in working hours wil be compensated once situation becomes normal. Now since lock down is relaxed union is proposing to increase working hours to 9hrs per day ( 6week days) including 30 minutes lunch break to compensate shortfall thereby making total working hours to 51 hours. This is surpassing the maximum working hours permissible in a week of 48 hours as per factory act. Now whether it will violate factory act 1948. Please advise.
Kritarth Consulting
Formally File Report to Factory Inspectorate about Agreemnt with your Registered Union on Work Hours to keep tyhem in loop.
Kritarth Team,
5.6.20
Bhartiya Akhil
Dear Anonymous Friend,
Some States came out with notifications few days back to increase the working hours in the factory by 12 hours in COVID 19 relaxation, one of them is Maharashtra. You have to find out whether your State Government came out with such notification or not. If yes, you have no problem in extending the working hours.
Temporary compensatory arrangement as stated by you in COVID 19 relaxation with understanding with workers / union should not be a problem, as what I feel.
What will be the repercussion if it is a default? Don't worry.
PRABHAT RANJAN MOHANTY
The 7 hours working (6 week days) including lunch break of 30 minutes is not a violation. To remain safe in future and the adjustment just not get a permanent sanction. You should send a copy of your agreement between union to the labour department as well as to the office of Inspector factories.
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