Ours is a manufacturing industry operating in three shifts. Due to relievers' absenteeism, our shift operation is being affected. To avoid this situation, we are asking the existing shift operator to extend his duty to the next shift as well.
Please clarify if this constitutes a statutory violation. If so, what should be done?
From India, Delhi
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Please clarify if this constitutes a statutory violation. If so, what should be done?
From India, Delhi
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Dear Sajith,
Yes, the Factories Act has imposed limits for per day, per week, and per quarter overtime hours. At the same time, the Factories Act has provided that the respective state government can make their rules for exemption.
"The State Government may make rules in respect of adult workers in factories providing for the exemption, to such extent and subject to such conditions as may be prescribed" - as per Section 2(a) of the Factories Act.
Please refer to your state's rules or notifications.
Shailesh Parikh
99 98 97 10 65
Vadodara
From India, Mumbai
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312Yes, the Factories Act has imposed limits for per day, per week, and per quarter overtime hours. At the same time, the Factories Act has provided that the respective state government can make their rules for exemption.
"The State Government may make rules in respect of adult workers in factories providing for the exemption, to such extent and subject to such conditions as may be prescribed" - as per Section 2(a) of the Factories Act.
Please refer to your state's rules or notifications.
Shailesh Parikh
99 98 97 10 65
Vadodara
From India, Mumbai
Acknowledge(0)Amend(0)
There is a provision of getting 12 hours in a day but it is not surfacing our problem since the extended hours is going up to 8hrs.
From India, Delhi
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From India, Delhi
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Extended 8 hours duty will be treated as Overtime and that hourly rate for this will be two times of his normal hourly rate.
From India, Mumbai
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From India, Mumbai
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INTIMATION FOR CHANGE IN SHIFT DUTY .docx
Paradigm Shift - The Mirror.pdf