As per OSH and Working Condition Central rule for the Code ( yet to be implemented ) - Rule -35 as mentioned by the original poster, this should be read with in conjunction of the Rule 28.
In the instant case it has been mentioned that the total engagement period including spread over is more than 12 hours in a particular day and violation of Rule 28. The interpretation of Rule 35 to my opinion is not applicable in the same day. It will be applicable for change of shift in the following day. Actually change of any shift occurs not in the same day but following next day. Say for example in a day some one in 2 P.M to 10 p.m shift and next day he has been asked to come at 8 am to 4 pm shift is allowable. There is 12 consecutive hours rest.
In new Labor Codes as well as rules published by Central Govt. and good number of State Govt. , there are lot of confusion which will be slowly resolved after implementation, through court cases etc,
I totally agree with Mr. Umakanthan M regarding his interpretation of spread over and total working hours.
S K Bandyopadhyay ( WB, Howrah)
CEO-USD HR Solutions
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