Few more clarification of Sec-52 and Sec-53 of the Factories Act, 1948.
Sec-52(3) - Where, in accordance with the provisions of sub-section (1) as mentioned earlier in one post of HR-Head any worker works on the said day and has had a holiday of three days immediately before it, that said day shall, for the purpose of calculating his weekly hours of work, be included in the preceding week.
The interpretation of above is under Sec-52, as the worker is enjoying one C/off on one of the three days immediately before or after the said day - the total hours of normal work is restricted to 48 hours as mentioned in above paragraph. Usually maintenance people are working on said day for preventive maintenance as the production is not done on said day. Therefore, there is no question of extra wages for overtime as per Sec-59.
Now as per Sec-53 the C/off is provided within the month or within the two months immediately following that month. Therefore, working in the said day - the total hours of work in that week is 48 + 8 = 56 hours instead 48 hours like Sec-52. So the worker will be eligible for Extra wages for OT in that week as per Sec-59 over and above one C/off. Usually for major breakdown, extra production pressure etc. workers are allowed to work under Sec-53 when it was not possible for management to provide C/off within 10 days as per SEC-52.
S K Bandyopadhyay ( WB, Howrah)
CEO-USD HR Solutions
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