Transitioning to a 5-Day Workweek in Kerala: How to Meet 48-Hour Requirement Legally

Currently, we are working 6 days a week, with 8 hours of duty and a 1-hour break, totaling 48 hours per week. We would like to transition to a 5-day workweek starting in November while maintaining the 48-hour weekly requirement. We are seeking a solution that complies with labor laws. Please advise on how we can implement this change effectively.

To plan a 5-day work week totaling 48 hours in Kerala while ensuring compliance with labor laws, follow these steps:

Understanding Labor Laws
- In Kerala, the Kerala Shops and Commercial Establishments Act and the Factories Act govern working hours.
- The general maximum working hours are 8 hours per day, but it can be extended under certain conditions.

Daily Work Hours
- Divide the 48 hours across 5 days:
- Option 1: 9.6 hours per day (9 hours and 36 minutes)
- Option 2: 10 hours per day with a 2-hour break (for a total of 8 hours of actual work).
- Ensure that daily work does not exceed 9 hours unless authorized overtime is accounted for.

Overtime Regulations
- If working hours exceed 8 hours in a day, overtime rates must be paid as per the law (usually 1.5 times the regular hourly wage).

Weekly Off
- Employees are entitled to at least one day off per week. Plan the week accordingly to ensure that each employee has their designated off day.

Breaks
- Include mandatory rest breaks in the schedule. For example, for a 10-hour workday, include a 1-hour lunch break and additional short breaks.

Employee Consent
- It's important to discuss the new schedule with employees and obtain their consent, especially if it involves longer daily hours.

Documentation and Communication
- Clearly document the new schedule and communicate it to all employees. Update employment contracts if necessary.

Monitoring Compliance
- Regularly monitor compliance with working hours and breaks to ensure no violations occur.

Review and Feedback
- After implementing the new schedule, gather feedback from employees to assess its impact on productivity and work-life balance.

Example Schedule
- Monday to Friday: 9:30 AM to 7:00 PM (with a 1-hour lunch break).
- Total Hours: 48 hours/week.

By carefully planning and adhering to these guidelines, you can implement a 5-day work week without violating labor laws in Kerala. Always consider consulting with a legal expert to ensure full compliance.

Is it for a factory or a commercial establishment? The rules have slightly changed.

Hi, Weekly, 5 days of work with 48 working hours. Please refer to https://lc.kerala.gov.in/images/pdf/ksce.pdf (chapter II, page no-6) for further reference.

Regards,
Tapan Kumar

The 48-hour concept is for a 6-day workweek, not for a 5-day workweek. Therefore, you need to contact the authority to determine the number of working hours considered for a 5-day workweek. Accordingly, you need to adjust the company's policies from a 6-day workweek to a 5-day workweek.

Transitioning to a 5-Day Workweek

Subject to specifying the type of establishment being discussed, it is generally understood that the reduction in working days per week must be offset by an increase in working hours within a 5-day workweek setup. The fundamental principle is that in order to maintain the same aggregate working hours within a week, a shift to a 5-day workweek necessitates an adjustment. The only viable approach is to proportionally extend the daily working hours across those 5 days. This means working more than 8 hours (8/5=1.6 hrs) each day. There is no alternative solution.

In reality, it is not advisable to absorb the additional manpower costs resulting from extra hours in the form of overtime wages (if overtime is required) when transitioning to a 5-day workweek. You can't have it both ways.