Hi, we planned to implement a new roster system with 4 days x 12-hour shifts and 3 days off each week. I wanted to inquire about any legal implications regarding this roster pattern. Could an expert please provide their opinion on this matter?
Thank you.
Best regards,
Uthiramoorthy H
From India
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Thank you.
Best regards,
Uthiramoorthy H
From India
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Criteria for 48-hour working days in a week are fulfilled. Though it's a new concept for me, I believe legal implications are not involved. However, I would advise you to update the company manual/standing orders accordingly and forward it to the labor commissioner for his approval, as per the standard procedure.
From India, Mumbai
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21From India, Mumbai
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What type of office/factory are you running? Criteria of 48 hours per week is fulfilled, but what about daily hours of work? Section 51 of the Factories Act, 1948 prescribes that no adult worker shall be required or allowed to work in a factory for more than forty-eight hours in any week. Further, Section 54 stipulates that subject to the provision of Section 51, no adult worker shall be required or allowed to work in a factory for more than nine hours in any day.
From India, Pune
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From India, Pune
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Dear Nathrao Sir,
Extract of Factory Act is appended below: Section 54. Daily hours. 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 in order to facilitate the change of shifts.].
I think a 12-hour shift is okay if it's been approved by the Chief Inspector. Here, I would also request you to please clarify the following: Simple definition of a 'worker' and the difference between a 'worker' and an 'employee' or 'office staff'? What is the difference in the definition between an employee who is highly educated and doing a white-collar job in an office and not a worker engaged in skilled/semi-skilled/unskilled jobs?
Is the Factory Act applicable to every establishment? What if the query is raised for an employer who is having limited strength in his office, say, below 50, and running a shop or an establishment and not having a factory license? Isn't the Shops and Establishments Act applicable to him instead of the Factory Act?
From India, Mumbai
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Extract of Factory Act is appended below: Section 54. Daily hours. 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 in order to facilitate the change of shifts.].
I think a 12-hour shift is okay if it's been approved by the Chief Inspector. Here, I would also request you to please clarify the following: Simple definition of a 'worker' and the difference between a 'worker' and an 'employee' or 'office staff'? What is the difference in the definition between an employee who is highly educated and doing a white-collar job in an office and not a worker engaged in skilled/semi-skilled/unskilled jobs?
Is the Factory Act applicable to every establishment? What if the query is raised for an employer who is having limited strength in his office, say, below 50, and running a shop or an establishment and not having a factory license? Isn't the Shops and Establishments Act applicable to him instead of the Factory Act?
From India, Mumbai
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My first query was, what type of office/factory are you running?
The working hours as laid down in the Shops and Establishment Act and the Factories Act are by and large the same. A 12-hour working day will require a rest break, etc., and would spread over 13 hours. This would be problematic.
From India, Pune
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The working hours as laid down in the Shops and Establishment Act and the Factories Act are by and large the same. A 12-hour working day will require a rest break, etc., and would spread over 13 hours. This would be problematic.
From India, Pune
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No, this is not allowed.
The Factory Act states that no one can be asked to work or allowed to work for more than 9 hours a day. The inspector can allow a change for a shift change. That change will be an extension of 15 minutes. No one can claim it takes 3 hours to change shifts.
In a shop as well, the 9-hour duty/shift rule holds true. An extension of time to 12 hours by the use of overtime is allowed in exceptional cases and cannot be a normal pattern.
Legally, this is not allowed.
From India, Mumbai
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The Factory Act states that no one can be asked to work or allowed to work for more than 9 hours a day. The inspector can allow a change for a shift change. That change will be an extension of 15 minutes. No one can claim it takes 3 hours to change shifts.
In a shop as well, the 9-hour duty/shift rule holds true. An extension of time to 12 hours by the use of overtime is allowed in exceptional cases and cannot be a normal pattern.
Legally, this is not allowed.
From India, Mumbai
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Worker,or employee or staff or supervisor or Engineer or some Managers ,all are workers under the Factories Act Varghese Mathew 8547139493
From India, Thiruvananthapuram
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From India, Thiruvananthapuram
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Dear Uthiramoorthy,
All the learned members responded to your query so far except Mr. Nathrao have confined their replies to the maximum number of hours of work as per the provisions of different establishment-oriented labor laws. Apart from the type of the establishment to which the query is related, I am constrained to state that a clear-cut understanding of the difference between the "hours of actual work in a day" and the "period of spread over of working hours in a day" will prove that the proposal mentioned in your question is not a new concept but a misconception of the legal provisions relating to working hours. Everyone will accept that "hours of actual work" needs no detailed explanation. But "spread over" refers to the time-stretch the workman/employee is at the disposal of the employer. We all know pretty well that a workman/employee can be allowed to work continuously for a maximum of 5 hours only and beyond which he should be allowed a rest interval of at least half an hour. The exceptions, as far as I am able to remember right now, are Sec.15(1) of the Motor Transport Workers Act, 1961, which totally exempts rest interval in the case of a motor transport worker who is not required to work for more than 6 hours on any particular day and Sec.55(2) of the Factories Act, 1948 empowering the Chief Inspector to exempt any factory from rest interval subject to the condition that the total number of hours worked without an interval does not exceed six. So, the spread over is the stretch of time the workman is at the disposal of the employer like I said earlier, including the interval for rest. Therefore, three days weekly off with 48 hours of total work on the basis of 12 hours continuous work for 4 days in a week cannot be legally permissible at all.
Coming to Brijendra's questions, 'employee' is a generic term indicating a person who is paid to work for somebody whereas 'workman' is the person employed to do physical work. And the term 'staff' collectively refers to all the workers employed as a group. Apart from 'blue-collar' and 'white collar', there is yet another one called 'gold collar' indicating higher-level managers.
From India, Salem
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All the learned members responded to your query so far except Mr. Nathrao have confined their replies to the maximum number of hours of work as per the provisions of different establishment-oriented labor laws. Apart from the type of the establishment to which the query is related, I am constrained to state that a clear-cut understanding of the difference between the "hours of actual work in a day" and the "period of spread over of working hours in a day" will prove that the proposal mentioned in your question is not a new concept but a misconception of the legal provisions relating to working hours. Everyone will accept that "hours of actual work" needs no detailed explanation. But "spread over" refers to the time-stretch the workman/employee is at the disposal of the employer. We all know pretty well that a workman/employee can be allowed to work continuously for a maximum of 5 hours only and beyond which he should be allowed a rest interval of at least half an hour. The exceptions, as far as I am able to remember right now, are Sec.15(1) of the Motor Transport Workers Act, 1961, which totally exempts rest interval in the case of a motor transport worker who is not required to work for more than 6 hours on any particular day and Sec.55(2) of the Factories Act, 1948 empowering the Chief Inspector to exempt any factory from rest interval subject to the condition that the total number of hours worked without an interval does not exceed six. So, the spread over is the stretch of time the workman is at the disposal of the employer like I said earlier, including the interval for rest. Therefore, three days weekly off with 48 hours of total work on the basis of 12 hours continuous work for 4 days in a week cannot be legally permissible at all.
Coming to Brijendra's questions, 'employee' is a generic term indicating a person who is paid to work for somebody whereas 'workman' is the person employed to do physical work. And the term 'staff' collectively refers to all the workers employed as a group. Apart from 'blue-collar' and 'white collar', there is yet another one called 'gold collar' indicating higher-level managers.
From India, Salem
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Hello Uthiramoorthy,
I wouldn't wish to touch upon the scope of the clarifications given by other members. But can you please elaborate on the need/reason(s) for this step by your company? Is it to reduce the employee headcount or for any other reason? A 3-day weekly off looks odd, especially in addition to the 12-hour duty roster you plan.
Regards,
TS
From India, Hyderabad
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I wouldn't wish to touch upon the scope of the clarifications given by other members. But can you please elaborate on the need/reason(s) for this step by your company? Is it to reduce the employee headcount or for any other reason? A 3-day weekly off looks odd, especially in addition to the 12-hour duty roster you plan.
Regards,
TS
From India, Hyderabad
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I am working in an MNC RMC Division under the placement service. We all are working more than 12 hours a day without any overtime, and there is no weekly off; we are only getting two days off monthly. Please, sir, help us break free from the British rule.
From Hong Kong, Central District
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From Hong Kong, Central District
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