Hi
one of friends company follows a alternate saturday(2nd & 4th off) off working schedule.However on a given working day there working hours accumulate to 9 hours with 30 minutes lunch time.
My query is that if a company follows shop and establishment or factories act the total working hours should not exceed 48 hours a week but every alternate week they work for 54 hours.
Hence is the company in contravention of the act and if so is there any penalty to what amount.
Please clarify.
Anuradha
From India, Mumbai
5one of friends company follows a alternate saturday(2nd & 4th off) off working schedule.However on a given working day there working hours accumulate to 9 hours with 30 minutes lunch time.
My query is that if a company follows shop and establishment or factories act the total working hours should not exceed 48 hours a week but every alternate week they work for 54 hours.
Hence is the company in contravention of the act and if so is there any penalty to what amount.
Please clarify.
Anuradha
From India, Mumbai
In any week, the number of working hours shall not exceed 48 hours as per Factories Act and the issues of over time may arise in case of exceeding it.B.Saikumar
From India, Mumbai
From India, Mumbai
Dear Anuradha,
The company is working for 54 hours every alternate week, but working 45 hours also every alternate week, overall the same is being compensated, so that the employees can enjoy some more time with the family.
The company can very well ask you to come half day on every Saturday and ruin your family time.
Some points, needs to be observed not only from the law point, but also from the benefit time.
You may enforce the law, will be hit back with all Saturdays working half day, where you will travel and lose the entire day.
Think from the employee side, before taking any legal action.
Regards,
Ashutosh Thakre
From India, Mumbai
The company is working for 54 hours every alternate week, but working 45 hours also every alternate week, overall the same is being compensated, so that the employees can enjoy some more time with the family.
The company can very well ask you to come half day on every Saturday and ruin your family time.
Some points, needs to be observed not only from the law point, but also from the benefit time.
You may enforce the law, will be hit back with all Saturdays working half day, where you will travel and lose the entire day.
Think from the employee side, before taking any legal action.
Regards,
Ashutosh Thakre
From India, Mumbai
Dear Anuradha,
Working 54 hours in a week will attract OT as per Factories Act i.e for working 54 hrs it will be required to pay 48 + 6 x 2 = 60 hrs. Moreover, it will violate the maxm OT limit quarterly and annually basis.
If the objective of the Organisation is to provide better working condition and work-family life better balance, it is always welcome. I know one MNC at Kolkata who initially tried with 5 days week but could not manage the production need. Then they have shifted to 6 days work and 2 days off for the shop floor workers working in 3 shifts.If there is 5 days week total off in a year is 104 days, if it is 6 days week it is 52 days, if it is 2nd and 4th Saturday off it is 76 days and if it is 6 days work and 2 days off it is 91/92 days appx.
Thanks & regards,
S K Bandyopadhyay
USD HR Solutions
<link outdated-removed>
From India, New Delhi
Working 54 hours in a week will attract OT as per Factories Act i.e for working 54 hrs it will be required to pay 48 + 6 x 2 = 60 hrs. Moreover, it will violate the maxm OT limit quarterly and annually basis.
If the objective of the Organisation is to provide better working condition and work-family life better balance, it is always welcome. I know one MNC at Kolkata who initially tried with 5 days week but could not manage the production need. Then they have shifted to 6 days work and 2 days off for the shop floor workers working in 3 shifts.If there is 5 days week total off in a year is 104 days, if it is 6 days week it is 52 days, if it is 2nd and 4th Saturday off it is 76 days and if it is 6 days work and 2 days off it is 91/92 days appx.
Thanks & regards,
S K Bandyopadhyay
USD HR Solutions
<link outdated-removed>
From India, New Delhi
Dear all, From the query it is discernible that the working hours are 8.5 hrs per day, (Lunch interval of half an hour is not included in working hours) it could be 51 hours or 42.5 hrs in a week, depending on 6 or 5 working days in the week. As pointed out, OT liability is attracted as per section 59 of the Factories Act 1948 and mind you there is no exemption from OT liability. Once this practice comes to the notice of Labour Inspector, questions are bound to come and difficulties would arise! KK*
From India, Mumbai
From India, Mumbai
Dear All
Thank you all for your posts. I have another part of the query. If the company also at certain domestic locations like "Regional offices" where the work time is again 8.5 hrs a week and alternate Saturday's off but instead of Factories Act ,Shop and establishment act is applicable.In such a situation where state specific Shop and establishment act is applicable then too the OT rules would be applicable.
Please clarify.
Regards
Anuradha
From India, Mumbai
Thank you all for your posts. I have another part of the query. If the company also at certain domestic locations like "Regional offices" where the work time is again 8.5 hrs a week and alternate Saturday's off but instead of Factories Act ,Shop and establishment act is applicable.In such a situation where state specific Shop and establishment act is applicable then too the OT rules would be applicable.
Please clarify.
Regards
Anuradha
From India, Mumbai
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