We are running a 150-bed multi-specialty charitable hospital. We have nurses and Class IV workers on shift duty. We have a few questions regarding their work hours and would appreciate your expert opinion on the matter.
Currently, our shift duty hours consist of 2 days in the morning from 8 am to 2 pm (6 hours each), 2 days in the evening from 2 pm to 8 pm (6 hours each), and 2 nights from 8 pm to 8 am (12 hours each). This totals to 48 hours per week. Is this pattern acceptable? Is a 12-hour night shift suitable considering the nature of the work? If so, could you provide a reference for our backup?
According to the Factories Act, we are required to provide a half-hour break after 5 hours of work. Do we need to schedule half-hour breaks in 6-hour shifts as well? If we do, should we adjust the shift time to 6 and a half hours instead of 6 (i.e., from 8 am to 2:30 pm)?
For individuals working the day shift, is the lunch break inclusive or exclusive of their work hours? Currently, most of our staff work from 8 am to 5 pm with a 1-hour lunch break. Is this arrangement appropriate?
Regarding public holidays, we offer compensatory time off before and after the holiday and pay them their daily wage. Is this approach acceptable, or are we required to pay twice? Is providing compensatory time off for public holidays permissible?
Bankim Sheth
From India, Ankleshwar
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Currently, our shift duty hours consist of 2 days in the morning from 8 am to 2 pm (6 hours each), 2 days in the evening from 2 pm to 8 pm (6 hours each), and 2 nights from 8 pm to 8 am (12 hours each). This totals to 48 hours per week. Is this pattern acceptable? Is a 12-hour night shift suitable considering the nature of the work? If so, could you provide a reference for our backup?
According to the Factories Act, we are required to provide a half-hour break after 5 hours of work. Do we need to schedule half-hour breaks in 6-hour shifts as well? If we do, should we adjust the shift time to 6 and a half hours instead of 6 (i.e., from 8 am to 2:30 pm)?
For individuals working the day shift, is the lunch break inclusive or exclusive of their work hours? Currently, most of our staff work from 8 am to 5 pm with a 1-hour lunch break. Is this arrangement appropriate?
Regarding public holidays, we offer compensatory time off before and after the holiday and pay them their daily wage. Is this approach acceptable, or are we required to pay twice? Is providing compensatory time off for public holidays permissible?
Bankim Sheth
From India, Ankleshwar
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Dear Bankim Sheth,
As far as I know, hospitals are not covered by the Factories Act, 1948, and they are exempted establishments under the States' Shops and Establishments Acts. Moreover, they are also covered by the Minimum Wages Act, 1948, and State National and Festival Holidays Acts. So, it is better to refer to the Minimum Wages Central Rules, 1950, or respective State Rules regarding working hours, spread over, overtime, and shift working, and NFH Act for the requirement of compensation for working on such holidays.
From India, Salem
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6185As far as I know, hospitals are not covered by the Factories Act, 1948, and they are exempted establishments under the States' Shops and Establishments Acts. Moreover, they are also covered by the Minimum Wages Act, 1948, and State National and Festival Holidays Acts. So, it is better to refer to the Minimum Wages Central Rules, 1950, or respective State Rules regarding working hours, spread over, overtime, and shift working, and NFH Act for the requirement of compensation for working on such holidays.
From India, Salem
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INTIMATION FOR CHANGE IN SHIFT DUTY .docx
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