Over time rules can be very difficult to understand while attending an interview. What are the rules for overtime as per the Factories Act of 1948?
1. For one day, how many hours are allowed?
2. For one week, how many hours are allowed?
3. For a month, how many hours are allowed?
4. For a quarter, how many hours are allowed?
5. For one year, how many hours are allowed?
I obtained an overtime exemption from the Inspector of Factories and received a letter stating that:
1. Total working hours for one day should not exceed 12 hours.
2. For a day, including breaks and working time, it should not exceed 13 hours.
3. Total working hours with overtime for one week should not exceed 60 hours.
4. Total overtime for a quarter should not exceed 75 hours.
Kindly explain the queries mentioned above.
Jagan
From India, Pune
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51. For one day, how many hours are allowed?
2. For one week, how many hours are allowed?
3. For a month, how many hours are allowed?
4. For a quarter, how many hours are allowed?
5. For one year, how many hours are allowed?
I obtained an overtime exemption from the Inspector of Factories and received a letter stating that:
1. Total working hours for one day should not exceed 12 hours.
2. For a day, including breaks and working time, it should not exceed 13 hours.
3. Total working hours with overtime for one week should not exceed 60 hours.
4. Total overtime for a quarter should not exceed 75 hours.
Kindly explain the queries mentioned above.
Jagan
From India, Pune
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Dear Jagan,
To have a thorough understanding of the concept of working hours in combination with the hours of overtime work under the provisions of the Factories Act, 1948, one should carefully go through the provisions of sections 51, 54, 64, and 65 of the Act. One should bear in mind that the main activity of a factory is manufacturing, which is entirely different from the activities of any other establishment carried out with employees. It would automatically imply that the provisions relating to working hours, overtime work, and weekly holidays of workmen employed in a factory have to be designed in such a manner that they ensure the continuous flow of the manufacturing process. That's why special powers have been vested with the Chief Inspector to grant exemptions from the statutory norms subject to certain restrictions. No doubt, if a prospective candidate for an interview thoroughly understands this, he can convincingly answer any tricky question in this regard with ease.
Now, let me try to answer your queries in the order they are presented:
(1) Normal working hours per day in respect of an adult worker are 9 hours at the maximum. If you add up the overtime work, it shall not exceed 10 hours. These are the maximum only, and the minimum can change when the calculation is to be made with reference to longer periods of a week or quarter.
(2) Normal working hours per week are 48 hours. If the normal OT hours are added, they shall not exceed 54. In case of exemption granted u/s 65, they shall not exceed 60 hours, including O.T.
(3) You may calculate the monthly hours from the above.
(4) Quarterly calculation relates to overtime work only u/s 64 and 65 of the Act.
(5) Please calculate yourself for any other period based on the above.
From India, Salem
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To have a thorough understanding of the concept of working hours in combination with the hours of overtime work under the provisions of the Factories Act, 1948, one should carefully go through the provisions of sections 51, 54, 64, and 65 of the Act. One should bear in mind that the main activity of a factory is manufacturing, which is entirely different from the activities of any other establishment carried out with employees. It would automatically imply that the provisions relating to working hours, overtime work, and weekly holidays of workmen employed in a factory have to be designed in such a manner that they ensure the continuous flow of the manufacturing process. That's why special powers have been vested with the Chief Inspector to grant exemptions from the statutory norms subject to certain restrictions. No doubt, if a prospective candidate for an interview thoroughly understands this, he can convincingly answer any tricky question in this regard with ease.
Now, let me try to answer your queries in the order they are presented:
(1) Normal working hours per day in respect of an adult worker are 9 hours at the maximum. If you add up the overtime work, it shall not exceed 10 hours. These are the maximum only, and the minimum can change when the calculation is to be made with reference to longer periods of a week or quarter.
(2) Normal working hours per week are 48 hours. If the normal OT hours are added, they shall not exceed 54. In case of exemption granted u/s 65, they shall not exceed 60 hours, including O.T.
(3) You may calculate the monthly hours from the above.
(4) Quarterly calculation relates to overtime work only u/s 64 and 65 of the Act.
(5) Please calculate yourself for any other period based on the above.
From India, Salem
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Mah Shop & Est (RECS) Rules 2018.pdf