Dear Seniors,
Please let me know if the company is enforcing its staff to work 12 hours a day or night shift. Additionally, is the company insisting that employees work at least six hours on Sundays? Also, is the company paying salaries to its staff on the 25th of every month?
In that case, how do our labor laws assist us?
I am waiting for your valuable reply or feedback.
Thanks & Regards.
From India, Mumbai
Acknowledge(0)
Amend(0)
72Please let me know if the company is enforcing its staff to work 12 hours a day or night shift. Additionally, is the company insisting that employees work at least six hours on Sundays? Also, is the company paying salaries to its staff on the 25th of every month?
In that case, how do our labor laws assist us?
I am waiting for your valuable reply or feedback.
Thanks & Regards.
From India, Mumbai
Acknowledge(0)Amend(0)
Dear Manish,
As per law, no employee should work for more than 48 hours in a week, i.e., an average of 8-9 hours a day with a 1/2-hour break for every 5 hours.
In a calendar year, employees are entitled to 12 CL (Casual Leave), 12 SL (Sick Leave), and 15 PL (Paid Leave).
If an employee works overtime, they should be paid OT (Overtime) which is double the hourly salary, calculated on the Basic pay.
For working on National holidays, employees should be paid double the day's salary and given compensatory off within the next 3 days.
In case of any issues with the company, you can approach the Deputy Commissioner, Assistant Commissioner, or the Commissioner of Labour in your zone. They will send a legal notice to your company, and if there is no response, legal action will be taken.
The labor department, PF (Provident Fund) & ESIC (Employee State Insurance Corporation) bodies have the right to shut down companies that do not comply with statutory regulations.
Form a group and then approach the labor department.
Regards,
Karthik
From India, Vijayawada
Acknowledge(0)Amend(0)
As per law, no employee should work for more than 48 hours in a week, i.e., an average of 8-9 hours a day with a 1/2-hour break for every 5 hours.
In a calendar year, employees are entitled to 12 CL (Casual Leave), 12 SL (Sick Leave), and 15 PL (Paid Leave).
If an employee works overtime, they should be paid OT (Overtime) which is double the hourly salary, calculated on the Basic pay.
For working on National holidays, employees should be paid double the day's salary and given compensatory off within the next 3 days.
In case of any issues with the company, you can approach the Deputy Commissioner, Assistant Commissioner, or the Commissioner of Labour in your zone. They will send a legal notice to your company, and if there is no response, legal action will be taken.
The labor department, PF (Provident Fund) & ESIC (Employee State Insurance Corporation) bodies have the right to shut down companies that do not comply with statutory regulations.
Form a group and then approach the labor department.
Regards,
Karthik
From India, Vijayawada
Acknowledge(0)Amend(0)
Nothing wrong in paying salary on 25th. Regarding your other points, pl mention whether yours is a factory or not?
From India, Thiruvananthapuram
Acknowledge(0)Amend(0)
From India, Thiruvananthapuram
Acknowledge(0)Amend(0)
Last Month salary should be paid on or before 7th of the current month. The regulations are almost same either it may Shops & Establishments, Contract labour or factory.
From India, Vijayawada
Acknowledge(0)Amend(0)
From India, Vijayawada
Acknowledge(0)Amend(0)
According to the Factories Act, the provisions are laid down under sections 51, 54, 55, and 56.
Although the maximum working hours are 9 hours, they can be spread over to 12 hours per day.
The 12-hour shift is for people who are said to be working under the "Compressed Shift." Shift rotation is managed accordingly, scheduling the number of working days and allowing the employees corresponding to take-offs is called a compressed shift.
Under the provisions of the Factories Act, you can refer to the following:
Section 51. WEEKLY HOURS - No adult worker shall be required or allowed to work in a factory for more than forty-eight hours in any week.
Section 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 hours specified in this section may be exceeded to facilitate the change of shifts.
Section 55. INTERVALS FOR REST - (1) The periods of work for adult workers in a factory each day shall be fixed so that no period exceeds five hours and no worker shall work for more than five hours before having an interval for rest of at least half an hour.
(2) The State Government or, subject to the control of the State Government, the Chief Inspector, may exempt any factory from the provisions of subsection (1) by written order for specified reasons, ensuring that the total number of hours worked by a worker without an interval does not exceed six.
Section 56. SPREADOVER - The periods of work for an adult worker in a factory shall be arranged so that, including intervals for rest under section 55, they shall not spread over more than ten and a half hours in any day. The Chief Inspector may, for specified reasons in writing, increase the spreadover up to twelve hours.
From India, Visakhapatnam
Acknowledge(0)Amend(0)
Although the maximum working hours are 9 hours, they can be spread over to 12 hours per day.
The 12-hour shift is for people who are said to be working under the "Compressed Shift." Shift rotation is managed accordingly, scheduling the number of working days and allowing the employees corresponding to take-offs is called a compressed shift.
Under the provisions of the Factories Act, you can refer to the following:
Section 51. WEEKLY HOURS - No adult worker shall be required or allowed to work in a factory for more than forty-eight hours in any week.
Section 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 hours specified in this section may be exceeded to facilitate the change of shifts.
Section 55. INTERVALS FOR REST - (1) The periods of work for adult workers in a factory each day shall be fixed so that no period exceeds five hours and no worker shall work for more than five hours before having an interval for rest of at least half an hour.
(2) The State Government or, subject to the control of the State Government, the Chief Inspector, may exempt any factory from the provisions of subsection (1) by written order for specified reasons, ensuring that the total number of hours worked by a worker without an interval does not exceed six.
Section 56. SPREADOVER - The periods of work for an adult worker in a factory shall be arranged so that, including intervals for rest under section 55, they shall not spread over more than ten and a half hours in any day. The Chief Inspector may, for specified reasons in writing, increase the spreadover up to twelve hours.
From India, Visakhapatnam
Acknowledge(0)Amend(0)
Dear All,
Thank you for your valuable feedback. I am working in a reputed construction company, and the company has not paid the payment for August 2012 up to date. Is this the right way? Please reply.
Thanks & Regards.
From India, Mumbai
Acknowledge(0)Amend(0)
Thank you for your valuable feedback. I am working in a reputed construction company, and the company has not paid the payment for August 2012 up to date. Is this the right way? Please reply.
Thanks & Regards.
From India, Mumbai
Acknowledge(0)Amend(0)
Hi,
I am working in a real estate company. I hold the position of Assistant HR Manager. It's funny because even though I am in a managerial role, I find myself unable to speak up in the office. My working hours are from 9:45 am to 6:30 pm, but it is a daily occurrence that we are made to stay until 7 or 7:30 pm without any explanation. Additionally, we do not have proper leave or holidays as our boss never grants us time off. Please help us.
Thank you,
Neha Jaiswal
From India, Bhubaneswar
Acknowledge(0)Amend(0)
I am working in a real estate company. I hold the position of Assistant HR Manager. It's funny because even though I am in a managerial role, I find myself unable to speak up in the office. My working hours are from 9:45 am to 6:30 pm, but it is a daily occurrence that we are made to stay until 7 or 7:30 pm without any explanation. Additionally, we do not have proper leave or holidays as our boss never grants us time off. Please help us.
Thank you,
Neha Jaiswal
From India, Bhubaneswar
Acknowledge(0)Amend(0)
Dear Manish,
You have selected the wrong industry. In Construction, everywhere the timing is about 12 hours, and it may be extended further as well. It is not the IT industry where you can sit in an AC room and simply do programming for hours together, nor is it a factory floor where you will be replaced by the next shift person after an 8-hour shift. Once the concrete pouring begins, you cannot leave the site until the concrete is completed. You also cannot leave the balance concrete to be poured the next day.
That's the reason why, in the hours of work column in your offer of employment, it is mentioned that "you will follow the working hours as per your site timings," and they will not provide clear timings from ____ hours to ____ hours. To compensate for that, you will be given some Site-Based Allowance.
If you feel you are being exploited, you have the option to switch over to another industry.
Wish you all the best, dear.
From India, Kumbakonam
Acknowledge(0)Amend(0)
You have selected the wrong industry. In Construction, everywhere the timing is about 12 hours, and it may be extended further as well. It is not the IT industry where you can sit in an AC room and simply do programming for hours together, nor is it a factory floor where you will be replaced by the next shift person after an 8-hour shift. Once the concrete pouring begins, you cannot leave the site until the concrete is completed. You also cannot leave the balance concrete to be poured the next day.
That's the reason why, in the hours of work column in your offer of employment, it is mentioned that "you will follow the working hours as per your site timings," and they will not provide clear timings from ____ hours to ____ hours. To compensate for that, you will be given some Site-Based Allowance.
If you feel you are being exploited, you have the option to switch over to another industry.
Wish you all the best, dear.
From India, Kumbakonam
Acknowledge(0)Amend(0)
Dear Kartik, Can you tell me, in which act clause made for interest ? How much interest applicable for delay salary ?
From India, Ahmadabad
Acknowledge(0)Amend(0)
From India, Ahmadabad
Acknowledge(0)Amend(0)Looking for something specific? - Join & Be Part Of Our Community and get connected with the right people who can help. Our AI-powered platform provides real-time fact-checking, peer-reviewed insights, and a vast historical knowledge base to support your search.
Working hours law.pdf
No more working till late hours.doc
Salary working format.xls