Hi all,
I am in automotive industry and leading maintenance and project department.
As a service department and necessary for availability of team in all days we planning to create shift chart with staged off. All team members have fixed weekly off except shift team.
Shift team weekly off started Thursday for First shift team, Friday for Second shift team and Saturday for Third shift team. General reliever team relives them and take weekly off on Sunday.
After shift rotation weekly off day changes for person working in next week that means last week first shift worked person weekly off Thursday shifted to next week on Saturday because his scheduled shift is Third shift and same applicable for all.
So in short, shift team members weekly off shifted every week between Thursday, Friday and Saturday.
Now my simple question as per law is it necessary fixed weekly off
Please provide feedback and ask if any clarity.
From India, Pune
I am in automotive industry and leading maintenance and project department.
As a service department and necessary for availability of team in all days we planning to create shift chart with staged off. All team members have fixed weekly off except shift team.
Shift team weekly off started Thursday for First shift team, Friday for Second shift team and Saturday for Third shift team. General reliever team relives them and take weekly off on Sunday.
After shift rotation weekly off day changes for person working in next week that means last week first shift worked person weekly off Thursday shifted to next week on Saturday because his scheduled shift is Third shift and same applicable for all.
So in short, shift team members weekly off shifted every week between Thursday, Friday and Saturday.
Now my simple question as per law is it necessary fixed weekly off
Please provide feedback and ask if any clarity.
From India, Pune
The way you have projected yours is a Factory under Factories Act. Your query is on Form 11 - Notice of periods of work for adults under section 61 in The Factories Act, 1948.
'Where any group is to work on a system of shifts and the relays are to be subject to predetermined periodical changes of shifts, the manager of the factory shall draw up a scheme of shifts where- under the periods during which any relay of the group may be required to work and the relay which will be working at any time of the day shall be known for any day. which includes has to be approved by the Inspectorate'
From India, Madras
294'Where any group is to work on a system of shifts and the relays are to be subject to predetermined periodical changes of shifts, the manager of the factory shall draw up a scheme of shifts where- under the periods during which any relay of the group may be required to work and the relay which will be working at any time of the day shall be known for any day. which includes has to be approved by the Inspectorate'
From India, Madras
Dear Colleague,
In addition to what our Colleague clarified.
The shift system has to go as per Section 51 and 52 of the Factories Act 1948. The shift system you had implemented should be in line with the below 2 sections. Kindly have a check with the hours of work in the weeks where the weekly off is shifting form day A to day B etc.
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.—(1) No adult worker shall be required or allowed to work in a factory on the
first day of the week (hereinafter referred to as the said day), 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:
Provided that no substitution shall be made which will result in any worker working for more than ten days consecutively without a holiday for a whole day.
(2) Notices given under sub-section (1) may be cancelled by a notice delivered at the office of the
Inspector and a notice displayed in the factory not later than the day before the said day or the holiday to be cancelled, whichever is earlier.
(3) Where, in accordance with the provisions of sub-section (1), any worker works on the said day
and has had a holiday on one of the three days immediately before it, that said day shall, for the purpose of calculating his weekly hours of work, be included in the preceding week.
From India, Chennai
In addition to what our Colleague clarified.
The shift system has to go as per Section 51 and 52 of the Factories Act 1948. The shift system you had implemented should be in line with the below 2 sections. Kindly have a check with the hours of work in the weeks where the weekly off is shifting form day A to day B etc.
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.—(1) No adult worker shall be required or allowed to work in a factory on the
first day of the week (hereinafter referred to as the said day), 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:
Provided that no substitution shall be made which will result in any worker working for more than ten days consecutively without a holiday for a whole day.
(2) Notices given under sub-section (1) may be cancelled by a notice delivered at the office of the
Inspector and a notice displayed in the factory not later than the day before the said day or the holiday to be cancelled, whichever is earlier.
(3) Where, in accordance with the provisions of sub-section (1), any worker works on the said day
and has had a holiday on one of the three days immediately before it, that said day shall, for the purpose of calculating his weekly hours of work, be included in the preceding week.
From India, Chennai
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