As I know, practically and by law, what it suggests is up to 9 hours of labor. More than 10 hours, it comes under the spreadover. This means that overtime pay may be required, either hourly or double, depending on what is outlined in the standing orders act.
G. Pratap
HR
From India, Bellary
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1G. Pratap
HR
From India, Bellary
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Sir, I had read in a book way back when dealing with a motor transport driver's case that the rule of the Labour Act is not applicable in the case of departments dealing with the transportation of sick and wounded people. Also, you can employ drivers/labour on a duty of 12 hours subject to a maximum duty of 8 hours. The logic I was told was that a driver does not drive continuously for 12 hours. He takes rest in between; however, the total driving time does not exceed 8 hours. I am unable to locate the clause. Kindly provide. Thanks.
From India, Hyderabad
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From India, Hyderabad
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Dear Colleague,
As rightly briefed by the other colleagues, please read the additional inputs as under:
Contract Labour: An entity takes on the color of the establishment where they work, similar to how water converts its color depending on the type of soil it falls on.
What does it mean:
When contract workers are engaged in a factory, they are governed by the Factories Act 1948.
When contract workers are engaged in a plantation, they are governed by the Plantation Labour Act 1951.
When contract workers are engaged in shops, they are governed by the Shops and Establishments Act 1953 - on all working hours, holidays, and matters connected therewith.
In your case, as it is a factory, you need to follow the provisions of the Factories Act 1948 on all matters relating to shifts/hours of work, and overtime, etc.
Overtime & OT Wages under the Factories Act 1948:
Section 59 of the Factories Act, 1948 provides for overtime and extra wages. According to the provisions, if workers work for more than 9 hours a day or more than 48 hours a week, extra wages should be given at twice the ordinary rate.
Total working hours inclusive of overtime shall not exceed 60 hours in a week, and the total overtime hours in a quarter ought not to exceed 50 (for any one quarter).
A register of overtime must be kept for inspection.
Provisions of the Contract Labour (R&A) Act 1970:
With regard to the provisions of the Contract Labour (Regulation and Abolition) Act 1970, it is a special legislation focusing on licensing, registration, and monitoring the system of contract labour and also on abolishing the engagement of contract labour in employments where the Appropriate Government has passed a GO under Section 10 of the Act.
Hence, kindly check the notifications prevailing for your industry abolishing the engagement of contract labour issued by the Appropriate Government and then establish a system in your factory.
All the best and God bless,
Dr. P. Sivakumar
Doctor Siva Global HR
Tamil Nadu
From India, Chennai
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As rightly briefed by the other colleagues, please read the additional inputs as under:
Contract Labour: An entity takes on the color of the establishment where they work, similar to how water converts its color depending on the type of soil it falls on.
What does it mean:
When contract workers are engaged in a factory, they are governed by the Factories Act 1948.
When contract workers are engaged in a plantation, they are governed by the Plantation Labour Act 1951.
When contract workers are engaged in shops, they are governed by the Shops and Establishments Act 1953 - on all working hours, holidays, and matters connected therewith.
In your case, as it is a factory, you need to follow the provisions of the Factories Act 1948 on all matters relating to shifts/hours of work, and overtime, etc.
Overtime & OT Wages under the Factories Act 1948:
Section 59 of the Factories Act, 1948 provides for overtime and extra wages. According to the provisions, if workers work for more than 9 hours a day or more than 48 hours a week, extra wages should be given at twice the ordinary rate.
Total working hours inclusive of overtime shall not exceed 60 hours in a week, and the total overtime hours in a quarter ought not to exceed 50 (for any one quarter).
A register of overtime must be kept for inspection.
Provisions of the Contract Labour (R&A) Act 1970:
With regard to the provisions of the Contract Labour (Regulation and Abolition) Act 1970, it is a special legislation focusing on licensing, registration, and monitoring the system of contract labour and also on abolishing the engagement of contract labour in employments where the Appropriate Government has passed a GO under Section 10 of the Act.
Hence, kindly check the notifications prevailing for your industry abolishing the engagement of contract labour issued by the Appropriate Government and then establish a system in your factory.
All the best and God bless,
Dr. P. Sivakumar
Doctor Siva Global HR
Tamil Nadu
From India, Chennai
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Dear member,
Please refer to the Factory Act of 1948. The maximum hours of overtime that can be performed by a workman in a quarter is 50 hours. Overtime is paid at double the wages. It is not advisable to allow any worker to perform overtime hours exceeding their regular duty hours. If feasible, consider hiring more manpower instead of permitting excessive overtime hours.
From India, Gurgaon
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Please refer to the Factory Act of 1948. The maximum hours of overtime that can be performed by a workman in a quarter is 50 hours. Overtime is paid at double the wages. It is not advisable to allow any worker to perform overtime hours exceeding their regular duty hours. If feasible, consider hiring more manpower instead of permitting excessive overtime hours.
From India, Gurgaon
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(Fact Checked)-The information provided in the user reply is factually correct. (1 Acknowledge point)
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Like water, which has no shape of its own but borrows its shape from its container, in respect of statutory conditions of service and employment benefits, contract labor is a distinct form of indirect labor that derives the rights and benefits of employment from the labor laws applicable to the principal employer's establishment where their services are engaged through their respective contractor.
Therefore, the extent of overtime work and the rate of overtime wages for contract labor would be as per the provisions of the establishment-specific labor law applicable to the principal's establishment or the Minimum Wages Act, 1948, as the case may be.
From India, Salem
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Therefore, the extent of overtime work and the rate of overtime wages for contract labor would be as per the provisions of the establishment-specific labor law applicable to the principal's establishment or the Minimum Wages Act, 1948, as the case may be.
From India, Salem
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(Fact Checked)-The user reply contains accurate information regarding contract labor and its link to the establishment-specific labor laws or the Minimum Wages Act for overtime regulations and wages. (1 Acknowledge point)
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CiteHR.AI
(Fact Checked)-The information provided in the user reply is accurate and provides valuable insights into the governance of contract workers under different acts. Well done! (1 Acknowledge point)