Dear Banarjeeji,
I think 10 hours shift is absolutely legal. The shift includes spread over of the working time that includes Lunch time, rest period and Tea times of the shift. If Management is giving all the bifucation of working time then it is absolutely legal.
As per Maharashtra Factories Rule 56, the spread over is allowed upto 10 1/2 hours in a day.
It also provides that normal working hours should not get excess of 48 hours a week. This means even if the company is having 10 hours shift, it can very well be remain in legal criteria.e.g.
Normal working shift 8.00 AM to 6.00 PM
Lunch time 12.00 PM to 1.30 PM
Tea time 9.30 AM to 9.45 AM & 4.30 PM to 4.45 PM
Here the shift timing is absolutely legal by giving bifucation of the working hours.
Looking forward for your opinion.
Regards,
Avinash K.
From India, Mumbai
60I think 10 hours shift is absolutely legal. The shift includes spread over of the working time that includes Lunch time, rest period and Tea times of the shift. If Management is giving all the bifucation of working time then it is absolutely legal.
As per Maharashtra Factories Rule 56, the spread over is allowed upto 10 1/2 hours in a day.
It also provides that normal working hours should not get excess of 48 hours a week. This means even if the company is having 10 hours shift, it can very well be remain in legal criteria.e.g.
Normal working shift 8.00 AM to 6.00 PM
Lunch time 12.00 PM to 1.30 PM
Tea time 9.30 AM to 9.45 AM & 4.30 PM to 4.45 PM
Here the shift timing is absolutely legal by giving bifucation of the working hours.
Looking forward for your opinion.
Regards,
Avinash K.
From India, Mumbai
First, the original post talks of 10 hours working, which is definitely not allowed.
Secondly, the concept of spread over of up to 10 hours refers to break shifts.
No company can have 10 hour sifts in the normal course. Lunch break is of 30 minutes and at most 2 tea braks of 10 minutes will be counted in shift hours.
1:30 hours of break is not allowed except in a brak shift. That is allowed for restaurants, hotels, etc
From India, Mumbai
Secondly, the concept of spread over of up to 10 hours refers to break shifts.
No company can have 10 hour sifts in the normal course. Lunch break is of 30 minutes and at most 2 tea braks of 10 minutes will be counted in shift hours.
1:30 hours of break is not allowed except in a brak shift. That is allowed for restaurants, hotels, etc
From India, Mumbai
Dear Seniors,
Thank you for all your valuable responses.
My friend is thinking to File the issue, because she and her employees are facing problems. As she had discussion with her staff, they all are on situation where though hours are 10 but It is streching to 12 to 13 hours without OT, so all are very unsatisfied with this rule.
What would be your suggestion on this?
Thanking You & Regards
Maniiri Aher
From India, Pune
Thank you for all your valuable responses.
My friend is thinking to File the issue, because she and her employees are facing problems. As she had discussion with her staff, they all are on situation where though hours are 10 but It is streching to 12 to 13 hours without OT, so all are very unsatisfied with this rule.
What would be your suggestion on this?
Thanking You & Regards
Maniiri Aher
From India, Pune
Please clarify whether you have Auto Card/thumb punching attendance machinie, which shows accurate In & Out timings.
From India, Mumbai
From India, Mumbai
Dear All,
Is this law related to working hours applicable to IT companies as well? Many times, I hear that only workers working on the shop floor are protected in the labour law and for white collar jobs like IT consultants, they have work irrespective of working hours-meeting deadline is important, else they are thrown away from the job.
Please advise.
Thanks and Regards,
Mihir P.
From India, Bangalore
Is this law related to working hours applicable to IT companies as well? Many times, I hear that only workers working on the shop floor are protected in the labour law and for white collar jobs like IT consultants, they have work irrespective of working hours-meeting deadline is important, else they are thrown away from the job.
Please advise.
Thanks and Regards,
Mihir P.
From India, Bangalore
An employee is allowed to work for max 8 hrs /per day and total 48 hrs per week with a weekly off, excess working need over time allowance.
Here, the case is different as the working hrs are already defined more than the limit. So, if you want to complain regarding then go to the labour office of your area.
Also, unity in this matters means a lot, if you can convince all the employee for this then select a volunteer who represent all the employees and then submit a written complaint, having signature of all employees to the labour officer. It will help in quick action. Also, be ready to get terminated by the employer for going against of the employer..
From India, Lucknow
Here, the case is different as the working hrs are already defined more than the limit. So, if you want to complain regarding then go to the labour office of your area.
Also, unity in this matters means a lot, if you can convince all the employee for this then select a volunteer who represent all the employees and then submit a written complaint, having signature of all employees to the labour officer. It will help in quick action. Also, be ready to get terminated by the employer for going against of the employer..
From India, Lucknow
Dear Sir,
Thank you for your concern,
In her company , 10 hours is shift timing. i. e 9 AM to 7 PM, and management is ask them to strech it upto 11 to 12 hours daily, without OT.
Thanking You & Regards,
Manjiri Ahe.r
From India, Pune
Thank you for your concern,
In her company , 10 hours is shift timing. i. e 9 AM to 7 PM, and management is ask them to strech it upto 11 to 12 hours daily, without OT.
Thanking You & Regards,
Manjiri Ahe.r
From India, Pune
Dear Manjiri,
As you say, it is IT / ITES service industry, please let us know whether it is governed by Factories Act or Bombay Shops & Establishment Act?
In case if it is coming under Shops & Establishment Act, then Spread over of the working hours should not be more than 11 hours a day. That means employer can make bifurcation of the shift of 11 hours in such way that it include Lunch time, Rest period or Team time every thing in 11 hours.
This means employee has to work for 11 hours without getting OT. Whether your Management also think in this way then they are absolutely legal, of course it is their responsibility to justify the rest periof of 3 hours i.e. excess of 8 hours.
You need to discuss these thing with Management.
Regards,
Avinash K.
From India, Mumbai
As you say, it is IT / ITES service industry, please let us know whether it is governed by Factories Act or Bombay Shops & Establishment Act?
In case if it is coming under Shops & Establishment Act, then Spread over of the working hours should not be more than 11 hours a day. That means employer can make bifurcation of the shift of 11 hours in such way that it include Lunch time, Rest period or Team time every thing in 11 hours.
This means employee has to work for 11 hours without getting OT. Whether your Management also think in this way then they are absolutely legal, of course it is their responsibility to justify the rest periof of 3 hours i.e. excess of 8 hours.
You need to discuss these thing with Management.
Regards,
Avinash K.
From India, Mumbai
I assume that the query pertains to a factory in Maharashtra. It will not be out of place to mention here that the excessive working hours has factually led to the passing of Factories Act in India more than a century ago. The factories Act clearly specifies or rather restricts the every-day working hours as well as weekly working hours. Working hours shall not be more than 48 hours per week (Section 51 of Factories Act) and not more that 9 hours per day (Section 54). The working hours do not include recess. Hence, in case 9 hours work ( Means 9 and a half hour- Shift Time) per day is planned, then obviously for 6 days work, the working hours will be 54 hours and thus are excess by 6 hours. Hence, on the last working day, the office shift is kept of 3 hours only ( 9X5=45h + 3 h=48 h). Any way, in the given situation, the 2 necessary conditions of per day working hours and the total working hours of a week [COLOR="rgb(139, 0, 0)"]are violated[/COLOR]. The remedy is simple. Just one can make a complaint to the Factory Inspector. If Manager is insisting for such a plan of work, the factory inspector can file a criminal case against him together with the occupier of the Company.
From India, Kolhapur
From India, Kolhapur
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