Hi,
In our company, there is no overtime system. One of my employees works between 10:30 am to 10:00 pm, which is 11.30 hours, but we provide breaks to him within every 4 hours. The total working hours should not exceed 8 hours. Can you please clarify this for me?
Thank you.
From India, Vijayawada
Acknowledge(0)
Amend(0)
In our company, there is no overtime system. One of my employees works between 10:30 am to 10:00 pm, which is 11.30 hours, but we provide breaks to him within every 4 hours. The total working hours should not exceed 8 hours. Can you please clarify this for me?
Thank you.
From India, Vijayawada
Acknowledge(0)Amend(0)
Hi Murali,
What you are doing is not legally right; your license can be canceled. So kindly go through the Factories Act, especially the details of Working Hours of Adults furnished below for your perusal.
WORKING HOURS OF ADULTS
CHAPTER VI
WORKING HOURS OF ADULTS
51. Weekly Hours
No adult worker shall be required or allowed to work in a factory for more than forty-eight hours in any week.
52. Weekly Holidays
No adult worker shall be required or allowed to work in a factory on the first day of the week unless:
(a) he has or will have a holiday for a whole day on one of the three days immediately before or after the said day, and
(b) the manager of the factory has, before the said day or the substituted day under clause (a), whichever is earlier:
(i) delivered a notice at the office of the Inspector of his intention to require the worker to work on the said day and of the day which is to be substituted, and
(ii) displayed a notice to that effect in the factory.
53. Compensatory Holidays
Where a worker is deprived of any of the weekly holidays, compensatory holidays shall be allowed within the prescribed time frame.
54. Daily Hours
No adult worker shall be required or allowed to work in a factory for more than nine hours in any day. The daily maximum specified in this section may be exceeded with the approval of the Chief Inspector to facilitate the change of shifts.
55. Intervals for Rest
The periods of work of adult workers in a factory each day shall be fixed to ensure no period exceeds five hours, and no worker works for more than five hours before having an interval for rest of at least half an hour.
56. Spreadover
The periods of work of an adult worker, inclusive of intervals for rest, shall not spread over more than ten and a half hours in any day. The Chief Inspector may increase the spreadover up to twelve hours for specified reasons.
57. Night Shifts
For workers working on night shifts, specific provisions apply to ensure appropriate rest periods and holiday considerations.
58. Prohibition of Overlapping Shifts
Work arrangements should not involve more than one relay of workers engaged in the same kind of work at the same time.
59. Extra Wages for Overtime
Workers entitled to overtime work shall receive wages at twice their ordinary rate of wages.
60. Restriction on Double Employment
No adult worker shall be required to work in any factory on a day they have already been working in another factory except under prescribed circumstances.
61. Notice of Periods of Work for Adults
A notice of periods of work for adults shall be displayed in every factory, clearly indicating the periods when adult workers may be required to work.
62. Register of Adult Workers
The manager of every factory shall maintain a register of adult workers, showing essential details of each worker.
63. Hours of Work to Correspond with Notice under Section 61 and Register under Section 62
No adult worker shall be required or allowed to work in any factory contrary to the displayed notice of periods of work and the entries in the register of adult workers.
64. Power to Make Exempting Rules
The State Government may make rules defining positions exempt from specific provisions of the Act and may also provide exemptions under certain conditions.
65. Power to Make Exempting Orders
The State Government has the authority to relax or modify the provisions of the Act regarding the periods of work for adult workers in specific circumstances.
66. Further Restrictions on Employment of Women
Additional restrictions apply to the employment of women in factories, including limitations on working hours and shift changes.
Regards,
Anita
From India, Mumbai
Acknowledge(0)Amend(0)
128What you are doing is not legally right; your license can be canceled. So kindly go through the Factories Act, especially the details of Working Hours of Adults furnished below for your perusal.
WORKING HOURS OF ADULTS
CHAPTER VI
WORKING HOURS OF ADULTS
51. Weekly Hours
No adult worker shall be required or allowed to work in a factory for more than forty-eight hours in any week.
52. Weekly Holidays
No adult worker shall be required or allowed to work in a factory on the first day of the week unless:
(a) he has or will have a holiday for a whole day on one of the three days immediately before or after the said day, and
(b) the manager of the factory has, before the said day or the substituted day under clause (a), whichever is earlier:
(i) delivered a notice at the office of the Inspector of his intention to require the worker to work on the said day and of the day which is to be substituted, and
(ii) displayed a notice to that effect in the factory.
53. Compensatory Holidays
Where a worker is deprived of any of the weekly holidays, compensatory holidays shall be allowed within the prescribed time frame.
54. Daily Hours
No adult worker shall be required or allowed to work in a factory for more than nine hours in any day. The daily maximum specified in this section may be exceeded with the approval of the Chief Inspector to facilitate the change of shifts.
55. Intervals for Rest
The periods of work of adult workers in a factory each day shall be fixed to ensure no period exceeds five hours, and no worker works for more than five hours before having an interval for rest of at least half an hour.
56. Spreadover
The periods of work of an adult worker, inclusive of intervals for rest, shall not spread over more than ten and a half hours in any day. The Chief Inspector may increase the spreadover up to twelve hours for specified reasons.
57. Night Shifts
For workers working on night shifts, specific provisions apply to ensure appropriate rest periods and holiday considerations.
58. Prohibition of Overlapping Shifts
Work arrangements should not involve more than one relay of workers engaged in the same kind of work at the same time.
59. Extra Wages for Overtime
Workers entitled to overtime work shall receive wages at twice their ordinary rate of wages.
60. Restriction on Double Employment
No adult worker shall be required to work in any factory on a day they have already been working in another factory except under prescribed circumstances.
61. Notice of Periods of Work for Adults
A notice of periods of work for adults shall be displayed in every factory, clearly indicating the periods when adult workers may be required to work.
62. Register of Adult Workers
The manager of every factory shall maintain a register of adult workers, showing essential details of each worker.
63. Hours of Work to Correspond with Notice under Section 61 and Register under Section 62
No adult worker shall be required or allowed to work in any factory contrary to the displayed notice of periods of work and the entries in the register of adult workers.
64. Power to Make Exempting Rules
The State Government may make rules defining positions exempt from specific provisions of the Act and may also provide exemptions under certain conditions.
65. Power to Make Exempting Orders
The State Government has the authority to relax or modify the provisions of the Act regarding the periods of work for adult workers in specific circumstances.
66. Further Restrictions on Employment of Women
Additional restrictions apply to the employment of women in factories, including limitations on working hours and shift changes.
Regards,
Anita
From India, Mumbai
Acknowledge(0)Amend(0)
Thank you for your guidance, but we have an 8-hour duty only. The employee comes at 10:30 am and leaves at 9:30 pm for 4 days a week. Within these working hours, we provide a 3-hour break, which sums up to 8 hours.
In 2 days, he arrives at 1:00 pm and departs at 10:00 pm. During these working hours, we allocate a 1.5-hour break, making it a total of 7.5 hours only. The overall working hours in a week are also less than 48 hours. Therefore, I believe there is no overtime.
If there is anything wrong, please clarify, madam. Thank you.
From India, Vijayawada
Acknowledge(0)Amend(0)
In 2 days, he arrives at 1:00 pm and departs at 10:00 pm. During these working hours, we allocate a 1.5-hour break, making it a total of 7.5 hours only. The overall working hours in a week are also less than 48 hours. Therefore, I believe there is no overtime.
If there is anything wrong, please clarify, madam. Thank you.
From India, Vijayawada
Acknowledge(0)Amend(0)
Dear Sir,
Please read the above matter properly,
(i) the total number of hours of work in any day shall not exceed ten;
(ii) the spreadover, inclusive of intervals for rest, shall not exceed twelve hours in any one day: Provided that the State Government may, in respect of any or all of the categories of workers referred to in clause (d) of sub-section.
Regards, Anita
From India, Mumbai
Acknowledge(0)Amend(0)
Please read the above matter properly,
(i) the total number of hours of work in any day shall not exceed ten;
(ii) the spreadover, inclusive of intervals for rest, shall not exceed twelve hours in any one day: Provided that the State Government may, in respect of any or all of the categories of workers referred to in clause (d) of sub-section.
Regards, Anita
From India, Mumbai
Acknowledge(0)Amend(0)Looking for something specific? - Join & Be Part Of 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.
Working hours & over time.docx
Labr laws for Vendor compliance Management.pdf
Time-management -7439-4556_187. ppt