Dear All,
I am working in a Construction Company (XXX Limited) on the project site, and the working hours here are from 8 AM to 6/7/8 PM. As per the manager's requirement (10-12 hours per day), we work every day of the week without Sunday off, even if we work an average of 10.50 hours per day. This means we are still working 73.50 hours per week. In the new circular dated 23rd Nov 2020, the CEO has clearly stated that any employee who does not reach the office before 8 AM will be considered absent, and necessary disciplinary action will be taken, as enclosed in the circular.
It's important to note that I researched labor laws and found out about Section 41 of the Factories Act, 1948 (Act No. 63 of 1948), which states, "Subject to the provisions of section 51, no adult worker shall be required or allowed to work in a factory for more than nine hours in any day: Provided that, subject to the previous approval of the Chief Inspector, the daily maximum specified in this section may be exceeded to facilitate the change of shifts."
Therefore, I have some questions as mentioned below:
1. Does the Factories Act, 1948 (Act No. 63 of 1948) apply to a Construction Company?
2. If not, is it legal to require employees to work 10-12 hours?
Kindly resolve this issue as soon as possible.
From India, Bengaluru
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I am working in a Construction Company (XXX Limited) on the project site, and the working hours here are from 8 AM to 6/7/8 PM. As per the manager's requirement (10-12 hours per day), we work every day of the week without Sunday off, even if we work an average of 10.50 hours per day. This means we are still working 73.50 hours per week. In the new circular dated 23rd Nov 2020, the CEO has clearly stated that any employee who does not reach the office before 8 AM will be considered absent, and necessary disciplinary action will be taken, as enclosed in the circular.
It's important to note that I researched labor laws and found out about Section 41 of the Factories Act, 1948 (Act No. 63 of 1948), which states, "Subject to the provisions of section 51, no adult worker shall be required or allowed to work in a factory for more than nine hours in any day: Provided that, subject to the previous approval of the Chief Inspector, the daily maximum specified in this section may be exceeded to facilitate the change of shifts."
Therefore, I have some questions as mentioned below:
1. Does the Factories Act, 1948 (Act No. 63 of 1948) apply to a Construction Company?
2. If not, is it legal to require employees to work 10-12 hours?
Kindly resolve this issue as soon as possible.
From India, Bengaluru
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You shall be governed by the Building & Other Construction Workers Act, rather than the Factories Act. Now the rules are getting changed. Daily working hours shall be 12 hours with a 1-hour lunch break. GOI has already implemented the Code of Occupational Safety, and the above Acts shall be repealed upon the implementation of this Code. There is nothing wrong in the circular forwarded by you. Such circulars from top management are a must to ensure the attendance and punctuality of the workforce.
From India, Aizawl
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651From India, Aizawl
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This query has already been answered. Reference the thread at https://www.citehr.com/623488-workin...10-12-hrs.html.
From India, Aizawl
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From India, Aizawl
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For a correct reply to your query, please let me know the following:
1. Your designation and job profile
2. Total number of employees of the employer
3. Location of the site where you are presently working
4. How is attendance marked i.e. whether manually or by punching machine
S. K. Mittal
9319956443
From India, Faridabad
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1. Your designation and job profile
2. Total number of employees of the employer
3. Location of the site where you are presently working
4. How is attendance marked i.e. whether manually or by punching machine
S. K. Mittal
9319956443
From India, Faridabad
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OSH code is not implemented. As per the code, none shall be required to work for more than 8 hours a day and 48 hours a week. The distribution of working hours in the OSH rules is spread out. According to the BOCOW Act, daily/weekly working hours are 9/48.
From India, Thiruvananthapuram
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From India, Thiruvananthapuram
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Construction sites are not covered under the Factories Act. The working hours of the construction site are covered under the Minimum Wages Act. Section 13 of the Minimum Wages Act provides for hours of work which shall constitute a normal working day, inclusive of one or more specified intervals. It provides for a day of rest in every period of seven days, which shall be allowed to all employees or to any specified class of employees and for the payment of remuneration in respect of such days of rest. It also provides for the OT rate of wages.
The relevant states have formed Minimum Wages Rules in accordance with Section 13 and mostly stipulate 9 hours per day for adults. The working day of an adult shall be arranged so that, inclusive of the interval of rest, if any, it shall not spread over more than 12 hours on any day. When a worker works in employment for more than 9 hours on any day or for more than 48 hours in a week, they shall be entitled to wages at double the ordinary rate of wages for overtime work. The ordinary rate of wages means the basic wage plus allowances.
If no overtime is paid, the worker can file a claim application before the Authority under the Minimum Wages Act of the appropriate government. The term "employee" is defined in Section 2(i) of the Minimum Wages Act, 1948. You may address the issue of working beyond 9 hours and not allowing rest days in the context of the provisions mentioned above.
From India, Pune
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The relevant states have formed Minimum Wages Rules in accordance with Section 13 and mostly stipulate 9 hours per day for adults. The working day of an adult shall be arranged so that, inclusive of the interval of rest, if any, it shall not spread over more than 12 hours on any day. When a worker works in employment for more than 9 hours on any day or for more than 48 hours in a week, they shall be entitled to wages at double the ordinary rate of wages for overtime work. The ordinary rate of wages means the basic wage plus allowances.
If no overtime is paid, the worker can file a claim application before the Authority under the Minimum Wages Act of the appropriate government. The term "employee" is defined in Section 2(i) of the Minimum Wages Act, 1948. You may address the issue of working beyond 9 hours and not allowing rest days in the context of the provisions mentioned above.
From India, Pune
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Working hours and overtime wages in construction site is governed by sec 28 and 29 of BOCOW Act .
From India, Thiruvananthapuram
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From India, Thiruvananthapuram
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Claim case cannot be filed under BOCW ACt if O T Wages are not paid for working beyond 9 hrs or working on rest day
From India, Pune
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From India, Pune
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Construction is scheduled employment for which both Central Govt and State govt have fixed minimum rates of wages.
From India, Pune
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From India, Pune
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Claim possible u/s 33 C(2) of ID Act,or payment of wages Act.
From India, Thiruvananthapuram
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From India, Thiruvananthapuram
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No employee is supposed to work for more than 9 hours. If an employee works beyond that working time period, the employee has to be paid overtime wages for the extra time, as per Section 14 of the Minimum Wages Act, 1948. Any organization found to be contravening these provisions would be liable for punishment of imprisonment up to 2 years and a fine of up to Rs. 1 lakh or both.
From India, Pune
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From India, Pune
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Hi Sheetal Kamble,
Kindly inform the section under which there is a provision of punishment of imprisonment up to 2 years and a fine up to Rs. 1 lakh or both for non-payment of OT wages under the Minimum Wages Act.
From India, Pune
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Kindly inform the section under which there is a provision of punishment of imprisonment up to 2 years and a fine up to Rs. 1 lakh or both for non-payment of OT wages under the Minimum Wages Act.
From India, Pune
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The amendment made by kerala govt in sec 22 A of MW Act prescribes fine upto 5 lakhs. But it is applicable only in kerala.
From India, Thiruvananthapuram
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From India, Thiruvananthapuram
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Dear All,
I am trying to create a WhatsApp group where everyone can share their knowledge and experience. Kindly help me in creating one that can assist beginners in learning.
Link to join the group: [https://chat.whatsapp.com/CH3AUnGToKnJdIsY62IrIe](https://chat.whatsapp.com/CH3AUnGToKnJdIsY62IrIe)
Regards,
Suraj
From India, Delhi
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I am trying to create a WhatsApp group where everyone can share their knowledge and experience. Kindly help me in creating one that can assist beginners in learning.
Link to join the group: [https://chat.whatsapp.com/CH3AUnGToKnJdIsY62IrIe](https://chat.whatsapp.com/CH3AUnGToKnJdIsY62IrIe)
Regards,
Suraj
From India, Delhi
Acknowledge(0)Amend(0)Join Our Community and get connected with the right people who can help. Our AI-powered platform provides real-time fact-checking, peer-reviewed insights, and a vast historical knowledge base to support your search.
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