How Should 9 Working Hours Be Split Under the Factory Act? Seeking Guidance

Hi there, My company is a private limited with 9 working hours. Please guide me through its bifurcation according to the Factory Act.

Regards

For a single day, 9 hours is okay provided you have at least a half-hour break after 4 hours of work. But a routine schedule with 9 hours of work per day is also permitted by law provided you work for less than six days in a week. If you work 9 hours through six days, the total hours per week will exceed 48 hours, and that cannot be allowed. Again, a week with more than 48 hours with overtime payment at the rate of double the average wages for additional hours exceeding 48 hours is also permitted, but that too on a regular basis is not allowed and will not be economically viable for the employer.

Options for Work Hours

1. You can opt for 8 hours of work per day if you work for 6 days in a week.
2. You can have 9 hours of work per day if you work for 5 days in a week.
3. You can work for 48 hours in a week and pay overtime for the extra hours worked at double the average rate of wages.

9 hours duty is possible, as mentioned by Mr. Madhu T K, after providing half an hour rest after working continuously for 5 hours. Other points, as mentioned by Mr. Madhu, are also valid.

Understanding the New Labor Codes

There is nowhere in the new labor codes that it has been mentioned to work for 12 hours. Rather, under the Factories Act section, it has been mentioned 12 hours spread over without any permission, which is currently 10.5 hours. With the permission of CIF, it may be extended to 12 hours. Moreover, the conditions for overtime (OT) have not been dropped. In the new code, any extra work after 8 hours, which is currently 9 hours, will be considered as OT hours.

Impact of Long Working Hours

Additionally, working such long hours could hamper productivity and quality, increasing the chances of accidents.

Therefore, it is not the right interpretation that a 12-hour shift will be introduced. Practically, it will not be feasible.

S K Bandyopadhyay (WB, HOWRAH) CEO-USD HR Solutions [Phone Number Removed For Privacy-Reasons] [Email Removed For Privacy Reasons] USD HR Solutions – To Strive towards excellence with effort and integrity