Hello, We have different categories of support staff working in our institution.
(a) The first category is working from 9 am to 5 pm with 30 mins lunch break so the actual work is for 7.5 hr.
(b) The second category works from 6 am to 9 am (3 hr) than 11 am to 2 pm (3 hr) than 3 pm to 5 pm( 2 hr), so the total working is for 8 hours.
Now the second category of staff is asking that their working should also be for 7.5 hr.
Their demand has been rejected, as 1st category cant work more than 5 & half hour continuously hence a break of 30 min is given, whereas 2nd category is not working continuously for more than 3 hours, hence the working is of 8 hours.
Is the explanation is justified?
From India, Jammu
(a) The first category is working from 9 am to 5 pm with 30 mins lunch break so the actual work is for 7.5 hr.
(b) The second category works from 6 am to 9 am (3 hr) than 11 am to 2 pm (3 hr) than 3 pm to 5 pm( 2 hr), so the total working is for 8 hours.
Now the second category of staff is asking that their working should also be for 7.5 hr.
Their demand has been rejected, as 1st category cant work more than 5 & half hour continuously hence a break of 30 min is given, whereas 2nd category is not working continuously for more than 3 hours, hence the working is of 8 hours.
Is the explanation is justified?
From India, Jammu
Provisions relating to actual working hours, rest interval & Spread over are to examined by the applicable labour enactment. Your establishment may be covered under State Shops Act or Factories Act, 1948. In general you are required to grant rest interval of minimum half an hour before five hours continuous working. Working hours may be different for different categories of employees. For example working hours of general shift may be different from shit working.
R N KHOLA
From India, Delhi
363R N KHOLA
From India, Delhi
In case you are a factory registered as per the Factories Act 1948, then the provisions regarding spread over would apply. The provisions read as follows:
Factories Act, 1948
56. Spreadover
The periods of work of an adult worker in a factory shall be so arranged that inclusive of his intervals for rest under section 55, they shall not spread over more than ten and a half hours in any day:
PROVIDED that the Chief Inspector may, for reasons to be specified in writing, increase the spread over up to twelve hours.
As stated above, the spread over for the second category is 11 hours, so you would need permission from the Factory Inspector.
But in case you are covered in the Shop & Establishment Act of the state, the provisions of the same are to be looked into. But in general, 11 hours spread over is allowed.
There cannot be any extra compensation for the additional half an hour of work so long as it is provided as per law and the wages are paid for 8 hours of work per day. Indeed the stress and strain of work are less for them as there is only continuous work for a max. of three hours.
Is the first category in the 8X3 shift. Generally in the 8X3 shift, a half an hour meal interval is provided. Otherwise, you can start a dialogue on making an 8-hour work schedule.
From India, Mumbai
Factories Act, 1948
56. Spreadover
The periods of work of an adult worker in a factory shall be so arranged that inclusive of his intervals for rest under section 55, they shall not spread over more than ten and a half hours in any day:
PROVIDED that the Chief Inspector may, for reasons to be specified in writing, increase the spread over up to twelve hours.
As stated above, the spread over for the second category is 11 hours, so you would need permission from the Factory Inspector.
But in case you are covered in the Shop & Establishment Act of the state, the provisions of the same are to be looked into. But in general, 11 hours spread over is allowed.
There cannot be any extra compensation for the additional half an hour of work so long as it is provided as per law and the wages are paid for 8 hours of work per day. Indeed the stress and strain of work are less for them as there is only continuous work for a max. of three hours.
Is the first category in the 8X3 shift. Generally in the 8X3 shift, a half an hour meal interval is provided. Otherwise, you can start a dialogue on making an 8-hour work schedule.
From India, Mumbai
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