Help you?
Just find another job and walk off. No one is holding you there at gunpoint. What help do you expect? That we will come and get you out of the factory? Have you even bothered to do a search on the forum to see if anyone has already given the solution to the problem?
From India, Mumbai
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2493Just find another job and walk off. No one is holding you there at gunpoint. What help do you expect? That we will come and get you out of the factory? Have you even bothered to do a search on the forum to see if anyone has already given the solution to the problem?
From India, Mumbai
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If your organization is not a Factory ,check the provisions of your state’s Shops and Commercial Establishments Act also.
From India, Thiruvananthapuram
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From India, Thiruvananthapuram
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You need to get approval from the Labor Department to implement this. Legally, no one is allowed to work for more than 8 hours a day and 48 hours a week. Since your plan is violating the law of the land, it needs to be ratified and approved by the Commissioner of Labor. Otherwise, management may be prosecuted.
From India, Hyderabad
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From India, Hyderabad
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"As your plan is violating the law of the land, it needs to be ratified and approved by the Commissioner of Labour. Otherwise, management may be prosecuted.
The Factories Act or Shops and Establishment Act will not permit such working hours that are beyond what is laid down by law. The powers of regulatory authorities to approve 12-hour shifts will be very limited, as it can have a cascading effect, and many industries may demand similar working hours."
From India, Pune
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The Factories Act or Shops and Establishment Act will not permit such working hours that are beyond what is laid down by law. The powers of regulatory authorities to approve 12-hour shifts will be very limited, as it can have a cascading effect, and many industries may demand similar working hours."
From India, Pune
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Further to my above post regarding maximum working hours, the powers of the Chief Inspector are as below:
Sec 54. Daily hours.- Subject to the provisions of section 51, no adult worker shall be required or allowed to work in a factory for more than nine hours in any day: [Provided that, subject to the previous approval of the Chief Inspector, the daily maximum specified in this section may be exceeded in order to facilitate the change of shifts.] I really doubt whether approval for 12-hour shifts can be legally given.
From India, Pune
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Sec 54. Daily hours.- Subject to the provisions of section 51, no adult worker shall be required or allowed to work in a factory for more than nine hours in any day: [Provided that, subject to the previous approval of the Chief Inspector, the daily maximum specified in this section may be exceeded in order to facilitate the change of shifts.] I really doubt whether approval for 12-hour shifts can be legally given.
From India, Pune
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After all the discussion on working hours spread over, Chief Inspector, the conclusion on the legality of a 12-hour work schedule on a daily basis is that such working hours will be illegal. One needs to avoid such extended working hours.
From India, Pune
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From India, Pune
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Interesting. After all the discussions we have had here, the original poster has not bothered to reply or give clarification to any of the points raised or comments given. Which, unfortunately, is a regular feature on this forum. I hope some other person with a similar problem may benefit from the discussions we have had. But that also is a far stretch since people seem to search previous threads but put the point afresh next time :)
From India, Mumbai
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From India, Mumbai
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Dear Sirs Brijendra_Singh, Nathrao, Saswatabanerjee, and Umakanthan53,
I sincerely apologize for the delayed response and I appreciate all of your valuable opinions on this subject. I would like to clarify some of your queries:
- We fall under the Shops and Establishment Act.
- The 12-hour working shift is inclusive of breaks.
- Since the 12-hour shift totals 48 hours per week, there will be no reduction in manpower.
- The adjustment in working hours is for the convenience of both management and employees.
Our management intends to seek exemption under section 6 of the TN Shop Act from the government authorities before implementing this system.
Thank you.
Regards,
Uthiramoorthy H
From India
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I sincerely apologize for the delayed response and I appreciate all of your valuable opinions on this subject. I would like to clarify some of your queries:
- We fall under the Shops and Establishment Act.
- The 12-hour working shift is inclusive of breaks.
- Since the 12-hour shift totals 48 hours per week, there will be no reduction in manpower.
- The adjustment in working hours is for the convenience of both management and employees.
Our management intends to seek exemption under section 6 of the TN Shop Act from the government authorities before implementing this system.
Thank you.
Regards,
Uthiramoorthy H
From India
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This does not match up with your original post. You are talking of 12 hours spread over. I hope you know what spread over means. Are you trying to tell us that in the 12 hours the employee will be in the office, they will actually be working only for 8 hours? In that case, what's your break pattern? Spread over will mean 4 hours of break in the work schedule. So here is something like a break shift, with (say) 4 hours of work, then 4 hours break, and 4 hours of work again. Umakanthan53, I hope I have understood spread overs correctly.
Dear sirs Brijendra_Singh, Nathrao, Saswatabanerjee, and Umakanthan53,
Really sorry for the delayed response and thank you all for your valuable opinions on this subject. Just wanted to clarify some of your queries:
- We come under the Shops and Establishment Act.
- Working hours of 12 hours are spread over only, which includes breaks as well.
- As the 12-hour pattern also ends with 48 hours a week, there will not be any manpower reduction.
- The working hours adjustment is only for management and employees' convenience.
Our management proposes to get an exemption as per Section 6 of the Tamil Nadu Shop Act from the government authority prior to implementing this system.
Thank you,
Regards,
Uthiramoorthy H
From India, Mumbai
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Dear sirs Brijendra_Singh, Nathrao, Saswatabanerjee, and Umakanthan53,
Really sorry for the delayed response and thank you all for your valuable opinions on this subject. Just wanted to clarify some of your queries:
- We come under the Shops and Establishment Act.
- Working hours of 12 hours are spread over only, which includes breaks as well.
- As the 12-hour pattern also ends with 48 hours a week, there will not be any manpower reduction.
- The working hours adjustment is only for management and employees' convenience.
Our management proposes to get an exemption as per Section 6 of the Tamil Nadu Shop Act from the government authority prior to implementing this system.
Thank you,
Regards,
Uthiramoorthy H
From India, Mumbai
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"Our management proposes to seek exemption as per Section 6 of the TN Shop Act from the government authority prior to implementing this system.
The scope of Section 6 of the above-referred act may not extend to the fixation of regular working hours on a permanent basis beyond what is laid down in the Act. The working hour pattern has health effects on workers."
From India, Pune
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The scope of Section 6 of the above-referred act may not extend to the fixation of regular working hours on a permanent basis beyond what is laid down in the Act. The working hour pattern has health effects on workers."
From India, Pune
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