As per factories act how many tea breaks we provide workers. Kindly advice as legal point.
From India, Coimbatore
From India, Coimbatore
There is no tea break as per Factories Act. it is to be ensured that the total hours in a day shall be so arranged that no period shall exceed five hours and that no worker shall work for more than five hours before he has had an interval for rest of at least half an hour. Therefore, if the total working hours is 8 hours, there should be one break of 30 minutes in between, and that can be after four hours, or even five hours as per convenience. Practically, we will fix it as 30 minutes after 4 hours'.
From India, Kannur
4249From India, Kannur
Mr.Madhu's post explains candidly. It may be appropriate one tea break in a day shift (A shift). However it is advisable to have two tea breaks at convenient intervals during 2nd (B shift) and 3rd (C shift) for obvious reasons. Some factories provide dinner and breakfast during 2nd & 3rd shifts, therefore finalising these aspects with union/shop floor committees would be prudent. Relevant provisions of the Factories Act, 1948 & The Industrial Relations Code,2020 may be looked into before taking a decision is advisable: (to be read with pertinent Rules made under these acts.)
"55. Intervals for rest:
71 [(1) 72[The periods of work] of adult workers in a factory each day shall be so fixed that no period shall exceed five hours and that no worker shall work for more than five hours before he has had an interval for rest of at least half an hour.
73 [(2) The State Government or, subject to the control of the State Government, the Chief Inspector, may, by written order and for the reasons specified therein, exempt any factory from the provisions of sub-section (1) so however that the total number of hours worked by a worker without an interval does not exceed six.] "
THE INDUSTRIAL RELATIONS CODE, 2020 NO. 35 OF 2020 [28th September, 2020.]
CHAPTER V
NOTICE OF CHANGE
40. No employer, who proposes to effect any change in the conditions of service
applicable to any worker in respect of any matter specified in the Third Schedule, shall
effect such change,—
(i) without giving to the workers likely to be affected by such change a notice
in such manner as may be prescribed of the nature of the change proposed to be
effected; or
(ii) within twenty-one days of giving such notice:
Provided that no notice shall be required for effecting any such change—
(a) where the change is effected in pursuance of any settlement or award;
101. (1) The Central Government may, by notification, add to or alter or amend the
First Schedule or the Second Schedule or the Third Schedule and on any such notification
being issued, the First Schedule or the Second Schedule or the Third Schedule, as the case
may be, shall be deemed to be amended accordingly.
THE THIRD SCHEDULE
[See sections 40 and 101 (1)]
CONDITIONS OF SERVICE FOR CHANGE OF WHICH NOTICE IS TO BE GIVEN
1. Wages, including the period and mode of payment.
2. Contribution paid, or payable, by the employer to any provident fund or pension
fund or for the benefit of the workers under any law for the time being in force.
3. Compensatory and other allowances.
4. Hours of work and rest intervals.
5. Leave with wages and holidays.
6. Starting, alteration or discontinuance of shift working otherwise than in accordance
with standing orders.
7. Classification by grades.
8. Withdrawal of any customary concession or privilege or change in usage.
From India, Bangalore
"55. Intervals for rest:
71 [(1) 72[The periods of work] of adult workers in a factory each day shall be so fixed that no period shall exceed five hours and that no worker shall work for more than five hours before he has had an interval for rest of at least half an hour.
73 [(2) The State Government or, subject to the control of the State Government, the Chief Inspector, may, by written order and for the reasons specified therein, exempt any factory from the provisions of sub-section (1) so however that the total number of hours worked by a worker without an interval does not exceed six.] "
THE INDUSTRIAL RELATIONS CODE, 2020 NO. 35 OF 2020 [28th September, 2020.]
CHAPTER V
NOTICE OF CHANGE
40. No employer, who proposes to effect any change in the conditions of service
applicable to any worker in respect of any matter specified in the Third Schedule, shall
effect such change,—
(i) without giving to the workers likely to be affected by such change a notice
in such manner as may be prescribed of the nature of the change proposed to be
effected; or
(ii) within twenty-one days of giving such notice:
Provided that no notice shall be required for effecting any such change—
(a) where the change is effected in pursuance of any settlement or award;
101. (1) The Central Government may, by notification, add to or alter or amend the
First Schedule or the Second Schedule or the Third Schedule and on any such notification
being issued, the First Schedule or the Second Schedule or the Third Schedule, as the case
may be, shall be deemed to be amended accordingly.
THE THIRD SCHEDULE
[See sections 40 and 101 (1)]
CONDITIONS OF SERVICE FOR CHANGE OF WHICH NOTICE IS TO BE GIVEN
1. Wages, including the period and mode of payment.
2. Contribution paid, or payable, by the employer to any provident fund or pension
fund or for the benefit of the workers under any law for the time being in force.
3. Compensatory and other allowances.
4. Hours of work and rest intervals.
5. Leave with wages and holidays.
6. Starting, alteration or discontinuance of shift working otherwise than in accordance
with standing orders.
7. Classification by grades.
8. Withdrawal of any customary concession or privilege or change in usage.
From India, Bangalore
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