Dear Seniors,
Though this topic has been discussed several times in the community, however i just need a little bit of confirmation tat whatever i have grasped is correct.. Please check the below mentioned points.
1) in laws it says that an employee can work for a maximum of 9 hrs per day and 48 hrs per week. And both these timings r exclusive of lunch breaks/ rest periods. e.g. if a company works from 9.30 to 7 pm(5 days working) and gives 30 minutes of lunch break then net 9 hrs working is correct?????
2. Overtime is payable if somebody works for more than these specified 9 working hrs or net 48 working hrs per week.. eg. if a company works from 9.30 to 6 and gives 30 minutes of break then its net working time is 8 hrs so even if employee works till 7pm daily for a week then no OT is payable as total hrs NET WORKING HRS for week become only 45? Am i right in this?
3. if in an organisation we say our spread over is of 10 hrs and timings detail is like 8.30 am to 6.30 pm and this includes 30 min lunch break. 2 tea breaks of 15 min each which makes NET WORKING HRS AS 9 ONLY then are we legally right?
4. so if all the points abv r right then do we need to declare it beforehand only to inspector who comes for the survey or at that point only we can say this is as per our policy.
My questions might be lengthy but please help me by clearing my doubts and making this matter crystal clear to me.
Looking forward to all the seniors help.
thanks
Neha
From India, Chandigarh
17Though this topic has been discussed several times in the community, however i just need a little bit of confirmation tat whatever i have grasped is correct.. Please check the below mentioned points.
1) in laws it says that an employee can work for a maximum of 9 hrs per day and 48 hrs per week. And both these timings r exclusive of lunch breaks/ rest periods. e.g. if a company works from 9.30 to 7 pm(5 days working) and gives 30 minutes of lunch break then net 9 hrs working is correct?????
2. Overtime is payable if somebody works for more than these specified 9 working hrs or net 48 working hrs per week.. eg. if a company works from 9.30 to 6 and gives 30 minutes of break then its net working time is 8 hrs so even if employee works till 7pm daily for a week then no OT is payable as total hrs NET WORKING HRS for week become only 45? Am i right in this?
3. if in an organisation we say our spread over is of 10 hrs and timings detail is like 8.30 am to 6.30 pm and this includes 30 min lunch break. 2 tea breaks of 15 min each which makes NET WORKING HRS AS 9 ONLY then are we legally right?
4. so if all the points abv r right then do we need to declare it beforehand only to inspector who comes for the survey or at that point only we can say this is as per our policy.
My questions might be lengthy but please help me by clearing my doubts and making this matter crystal clear to me.
Looking forward to all the seniors help.
thanks
Neha
From India, Chandigarh
Prashant, can u clear the daily working hours as per factory act including lunch and tea breaks. (SK)
From India, Delhi
From India, Delhi
Dear Neha,
Whatever u have mentioned is as per factory act 1948. I think this shall be applied under shop and establishment act too but you have to give prior intimation to authorities i.e. labour dept as this is being given on F-11 to Inspector of Factories under factory act.
Thanking you
Rajesh Gautam
From India, Gurgaon
Whatever u have mentioned is as per factory act 1948. I think this shall be applied under shop and establishment act too but you have to give prior intimation to authorities i.e. labour dept as this is being given on F-11 to Inspector of Factories under factory act.
Thanking you
Rajesh Gautam
From India, Gurgaon
Dear Neha,
In my opinion your statement is considered to be correct keeping in view the Punjab Shops & Commercial Establishment, 1958 as extended to the UT Chandigarh. While granting interval of rest you are to follow section 8(1) this Act. As far as the matter of intimating the Inspector under this is concerned we are to follow section 12(2) (ii) for changing working hours & period of interval of rest. Section 12(2)(ii) of this Act may be read as under:
‘The employer of an establishment may change the working hours & the period of interval once in a quieter of the year by giving by giving intimation in the prescribed form to the prescribed authority at least fifteen days before the change is to take place’. You must be knowing that the prescribed authority is the Labour Inspector of your area who is also looking after the enforcement of the Shops Act. The format of sending any change is Form “G’.
This change in Hours of work & rest intervals is also included in the Fourth Schedule of the Industrial Disputes Act, 1947 wherein notice of change is to be given to the employees of twenty one days before such change is to be effected. For more details you may also go through section 9A of I D Act.
Submitted as requested.
Regards,
R.N.Khola
From India, Delhi
In my opinion your statement is considered to be correct keeping in view the Punjab Shops & Commercial Establishment, 1958 as extended to the UT Chandigarh. While granting interval of rest you are to follow section 8(1) this Act. As far as the matter of intimating the Inspector under this is concerned we are to follow section 12(2) (ii) for changing working hours & period of interval of rest. Section 12(2)(ii) of this Act may be read as under:
‘The employer of an establishment may change the working hours & the period of interval once in a quieter of the year by giving by giving intimation in the prescribed form to the prescribed authority at least fifteen days before the change is to take place’. You must be knowing that the prescribed authority is the Labour Inspector of your area who is also looking after the enforcement of the Shops Act. The format of sending any change is Form “G’.
This change in Hours of work & rest intervals is also included in the Fourth Schedule of the Industrial Disputes Act, 1947 wherein notice of change is to be given to the employees of twenty one days before such change is to be effected. For more details you may also go through section 9A of I D Act.
Submitted as requested.
Regards,
R.N.Khola
From India, Delhi
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