Hi,
I have a query regarding the office timing. Actually, we are going to make rules regarding timing and attendance. The management wants to set the timing from 9:30 AM to 7:30 PM with a 1-hour lunch break. I want to know if this is fine according to the law. Currently, in the Head Office, people work until late hours, and there is no overtime system for the staff. So, the management thought that if we extend the working hours, people won't consider overtime and will work until late hours.
Kindly suggest to me what could be a better option in terms of the law. The current timing is from 9:30 AM to 6:30 PM with a half-hour lunch break, but due to many people going outside for lunch, we have to increase the lunch break by 1 hour.
Thank you.
From India, Mumbai
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4I have a query regarding the office timing. Actually, we are going to make rules regarding timing and attendance. The management wants to set the timing from 9:30 AM to 7:30 PM with a 1-hour lunch break. I want to know if this is fine according to the law. Currently, in the Head Office, people work until late hours, and there is no overtime system for the staff. So, the management thought that if we extend the working hours, people won't consider overtime and will work until late hours.
Kindly suggest to me what could be a better option in terms of the law. The current timing is from 9:30 AM to 6:30 PM with a half-hour lunch break, but due to many people going outside for lunch, we have to increase the lunch break by 1 hour.
Thank you.
From India, Mumbai
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Its wrong, As per industrial law a employee hasto perform 48 hrs as a duty in one week beyond that company has to pay OT.
From India, New Delhi
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From India, New Delhi
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Thank you for your response. There is an argument that the Factories Act is applicable to workers in manufacturing but not to employees who work in the head office. I believe there is no law related to employees in the head office. What can I suggest to management to convince them not to increase the timing, as otherwise, people will feel demotivated?
From India, Mumbai
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From India, Mumbai
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Dear,
For head office employees, please examine the State Shops & Commercial Establishment Act for working hours, spread over, weekly off days, etc. You may also refer to the definition of an employee under this Act for its implementation.
Regards,
R.N.Khola
Skylark Associates, Gurgaon (Haryana)
(Labour Law & Legal Consultants)
09810405361
From India, Delhi
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For head office employees, please examine the State Shops & Commercial Establishment Act for working hours, spread over, weekly off days, etc. You may also refer to the definition of an employee under this Act for its implementation.
Regards,
R.N.Khola
Skylark Associates, Gurgaon (Haryana)
(Labour Law & Legal Consultants)
09810405361
From India, Delhi
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Hi Ishita Please find attached the excel sheet for working hours state wise.
From India, Kota
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From India, Kota
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Dear,
As you are planning to increase office timings from 9.30 am to 7.30 pm with a 1-hour lunch break:
9.30 am to 7.30 pm = 10 hours
10 hours - 1 hour (lunch break) = 9 hours
If your state's S & E act has provisions for the spread over more than 10 hours, then you can implement the change. However, please consider those who do not go for lunch outside. I am sure these people will start grumbling and oppose the change. If you do not feel any resistance, proceed with your decision.
In case of any queries, please call.
From India, Pune
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As you are planning to increase office timings from 9.30 am to 7.30 pm with a 1-hour lunch break:
9.30 am to 7.30 pm = 10 hours
10 hours - 1 hour (lunch break) = 9 hours
If your state's S & E act has provisions for the spread over more than 10 hours, then you can implement the change. However, please consider those who do not go for lunch outside. I am sure these people will start grumbling and oppose the change. If you do not feel any resistance, proceed with your decision.
In case of any queries, please call.
From India, Pune
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Inform your mgt that 8 hrs is predefined by Lobor Organization, if they are ready to face jurisdiction then u can implement your proposal. Tea breaks are also mandatory.
From India, Vijayawada
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From India, Vijayawada
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I agree with Mr. Khola that you should first examine the definition of an employee under the Act. If your employees are covered under the definition, then you have to follow the provisions of the law. If they do not fall under the definition of employees, then their working hours will be as per the business requirements.
Regards
From India, Bhubaneswar
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Regards
From India, Bhubaneswar
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Dear,
First of all, you have to decide under which law/act your establishment is covered. Is it under Factories, Shops, and Establishments, etc.? Anyway, working more than 48 hours in a week is on the wrong side of the law. Anything more than 48 hours should be compensated by way of OT or at least by way of Compensatory off (leave on some other day).
However, it has become a practice for many organizations nowadays to work late hours in the name of recession or otherwise. However, such organizations are, for sure, running a risk of being on the wrong side of the law if someone questions.
As an HR person, you should present the factual legal position before the management, explain things to them, and then leave it to their decision!
B. Dakshina Murty
From India, Hyderabad
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First of all, you have to decide under which law/act your establishment is covered. Is it under Factories, Shops, and Establishments, etc.? Anyway, working more than 48 hours in a week is on the wrong side of the law. Anything more than 48 hours should be compensated by way of OT or at least by way of Compensatory off (leave on some other day).
However, it has become a practice for many organizations nowadays to work late hours in the name of recession or otherwise. However, such organizations are, for sure, running a risk of being on the wrong side of the law if someone questions.
As an HR person, you should present the factual legal position before the management, explain things to them, and then leave it to their decision!
B. Dakshina Murty
From India, Hyderabad
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Ishita,
Head Office is covered under the Shops & Establishments Act, which varies from state to state. When it comes to work timings, the Payment of Wages Act states that work timings should be 9 hours a day or 48 hours a week (averaging 8 hours per day). Additionally, any work beyond these timings should be compensated with overtime pay as mandated by law. However, it's a common observation that most Head Offices/Corporate Offices do not adhere to these regulations. It is now up to your management to make the necessary decisions.
Regards
From India, Bhopal
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Head Office is covered under the Shops & Establishments Act, which varies from state to state. When it comes to work timings, the Payment of Wages Act states that work timings should be 9 hours a day or 48 hours a week (averaging 8 hours per day). Additionally, any work beyond these timings should be compensated with overtime pay as mandated by law. However, it's a common observation that most Head Offices/Corporate Offices do not adhere to these regulations. It is now up to your management to make the necessary decisions.
Regards
From India, Bhopal
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