Dear Members,
I have a query related to overtime and weekly off conditions for contract labor. If a factory is operating for 30 consecutive days and contract laborers are working continuously for the same period, with the organization paying double overtime for the weekly off day, what about the weekly off day itself? Is this practice legal?
Thank you.
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2I have a query related to overtime and weekly off conditions for contract labor. If a factory is operating for 30 consecutive days and contract laborers are working continuously for the same period, with the organization paying double overtime for the weekly off day, what about the weekly off day itself? Is this practice legal?
Thank you.
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Weekly off is a statutory provision and cannot be deferred indefinitely. Compensatory/alternate off, when computed, needs to be availed within ten straight calendar days. Refer to the Factories Act for details.
Kritarth Team, 30.4.19
From India, Delhi
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Kritarth Team, 30.4.19
From India, Delhi
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Labour laws are similar for working hours of contract labour So it become easy to understand n implement
From India, Pune
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From India, Pune
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(Fact Check Failed/Partial)-The user reply is incorrect. Labour laws have specific regulations regarding overtime, weekly off, and continuous working days for contract labor. It's crucial to ensure compliance with these laws to avoid legal issues.
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Dear Shishupal,
The practice is certainly illegal as it is a gross violation of sections 51 and 52 of the Factories Act, 1948, relating to weekly hours and weekly holidays respectively. As observed by our learned friend Mr. Rao, all the labor laws applicable to the Principal Employer's establishment in respect of his regular employees would simply apply to the contract labor engaged by him.
From India, Salem
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The practice is certainly illegal as it is a gross violation of sections 51 and 52 of the Factories Act, 1948, relating to weekly hours and weekly holidays respectively. As observed by our learned friend Mr. Rao, all the labor laws applicable to the Principal Employer's establishment in respect of his regular employees would simply apply to the contract labor engaged by him.
From India, Salem
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(Fact Checked)-[The user reply is correct. The reference to sections 51 and 52 of the Factories Act,1948 in relation to weekly hours and weekly holidays respectively is accurate. Additionally, the statement that all labor laws applicable to the Principal Employer's establishment also apply to contract labor engaged by them is valid.] (1 Acknowledge point)
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Dear colleague,
The FA provisions, as quoted by the learned colleague, require you to adhere to provisions relating to daily working hours, OT, and weekly off, which uniformly apply to regular and contract workers. The Act requires you to give one day's weekly off after every six days of work. For any reason, if you can't, no work can be carried out consecutively for more than 10 days without giving a weekly off on the 10th day. Overtime payment at double the rate is applicable for working beyond eight hours daily or 48 hours weekly, but overtime hours are restricted to 60 hours per quarter.
It appears that you are violating the above provisions by continuously working contract workers for 30 days without giving the prescribed weekly offs. You cannot wriggle out by saying that you are paying double the rate for working on the off day. Before factory inspectors find this, please take prompt corrective actions or face fines and/or imprisonment.
Regards,
Vinayak Nagarkar
HR Consultant
From India, Mumbai
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The FA provisions, as quoted by the learned colleague, require you to adhere to provisions relating to daily working hours, OT, and weekly off, which uniformly apply to regular and contract workers. The Act requires you to give one day's weekly off after every six days of work. For any reason, if you can't, no work can be carried out consecutively for more than 10 days without giving a weekly off on the 10th day. Overtime payment at double the rate is applicable for working beyond eight hours daily or 48 hours weekly, but overtime hours are restricted to 60 hours per quarter.
It appears that you are violating the above provisions by continuously working contract workers for 30 days without giving the prescribed weekly offs. You cannot wriggle out by saying that you are paying double the rate for working on the off day. Before factory inspectors find this, please take prompt corrective actions or face fines and/or imprisonment.
Regards,
Vinayak Nagarkar
HR Consultant
From India, Mumbai
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(Fact Checked)-[B]Response[/B]: The user's reply contains accurate information regarding weekly off requirements for contract workers and overtime payment regulations. It correctly highlights the necessity of providing weekly offs and the limitations on consecutive working days. The mention of potential penalties for non-compliance is also valid. (1 Acknowledge point)
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Our office operates six days a week (Monday to Saturday) from 9:00 am to 6:00 pm, totaling 9 hours per day. Is this schedule compliant with labor laws? If not, where can I find the appropriate solutions? Alternatively, if it is compliant, I would appreciate a satisfactory clarification.
From India, Mumbai
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From India, Mumbai
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(Fact Check Failed/Partial)-The working hours mentioned (9 am to 6 pm) for a 6-day week exceed the legal limit of 48 hours per week. This violates labor laws.
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Dear Shishupal Singh Yadav,
Seniors have already replied to your query satisfactorily. However, I wish to share the other side of the contract laborers' thinking. Most of the contract laborers come from various parts of India, unable to secure regular employment in their state. When accepting a contract job, they decide they will work for this contract for 6 months to 1 year and earn the maximum possible amount during their project stay. They are willing to work on all weekly offs and paid holidays because they receive additional compensation, which they can utilize for their family members. Generally, they do not have any relatives where they have accepted the job, so they do not visit relatives or friends during their time off. Therefore, if the workmen are comfortable, satisfied, and have no issues, why should we seek the shelter of laws?
In India, there are industries where workmen work for 12 hours daily but are paid for only 8 hours, sometimes receiving a maximum of 1 1/2 days' salary. On the other hand, your contractor is at least paying double the overtime. In projects where contract labor works a maximum of 6 hours on a weekly off and earns overtime for 16 hours, this is not just my opinion. I am presenting the facts concerning contract laborers.
Regards,
Suresh
Dear Anonymous,
From your post, it appears that you are working from 9:00 a.m. to 6:00 p.m. and not taking any tea breaks, lunch breaks, chatting, or washroom breaks. Please carefully confirm how much time you are utilizing for these activities and deduct this time from your 9-hour duty requirement. I am confident you are not working more than 8 hours a day.
From India, Thane
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Seniors have already replied to your query satisfactorily. However, I wish to share the other side of the contract laborers' thinking. Most of the contract laborers come from various parts of India, unable to secure regular employment in their state. When accepting a contract job, they decide they will work for this contract for 6 months to 1 year and earn the maximum possible amount during their project stay. They are willing to work on all weekly offs and paid holidays because they receive additional compensation, which they can utilize for their family members. Generally, they do not have any relatives where they have accepted the job, so they do not visit relatives or friends during their time off. Therefore, if the workmen are comfortable, satisfied, and have no issues, why should we seek the shelter of laws?
In India, there are industries where workmen work for 12 hours daily but are paid for only 8 hours, sometimes receiving a maximum of 1 1/2 days' salary. On the other hand, your contractor is at least paying double the overtime. In projects where contract labor works a maximum of 6 hours on a weekly off and earns overtime for 16 hours, this is not just my opinion. I am presenting the facts concerning contract laborers.
Regards,
Suresh
Dear Anonymous,
From your post, it appears that you are working from 9:00 a.m. to 6:00 p.m. and not taking any tea breaks, lunch breaks, chatting, or washroom breaks. Please carefully confirm how much time you are utilizing for these activities and deduct this time from your 9-hour duty requirement. I am confident you are not working more than 8 hours a day.
From India, Thane
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(Fact Check Failed/Partial)-The information provided in the user reply does not directly address the legality of paying double OT for the weekly off day for contract laborers working continuously for 30 days. It focuses more on the perspectives and situations of contract laborers. The legality of the specific scenario described should be considered based on labor laws and regulations.
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Dear Colleagues,
If you are giving a total of 1 hour's lunch break/tea breaks, you are within provisions relating to spread over. If not, you are working overtime of half an hour daily for which you have to pay double. Arrange timings from 9 to 5.30 inclusive of lunch break. It is surprising to see the views of Mr. Suresh subscribing to and justifying extra working beyond the law under the name of needy contract workers. For the sake of needing more money, if you throw provisions of the law to the winds, then it would be free for all, leading to a chaotic situation.
Regards,
Vinayak Nagarkar
HR-Consultant.
From India, Mumbai
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If you are giving a total of 1 hour's lunch break/tea breaks, you are within provisions relating to spread over. If not, you are working overtime of half an hour daily for which you have to pay double. Arrange timings from 9 to 5.30 inclusive of lunch break. It is surprising to see the views of Mr. Suresh subscribing to and justifying extra working beyond the law under the name of needy contract workers. For the sake of needing more money, if you throw provisions of the law to the winds, then it would be free for all, leading to a chaotic situation.
Regards,
Vinayak Nagarkar
HR-Consultant.
From India, Mumbai
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(Fact Check Failed/Partial)-The user reply contains inaccurate information regarding overtime and spread over provisions. The payment of overtime for working on a weekly off day is required by law for contract labor.
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Dear All, Thank You so much for your kind gesture of knowledge sharing and guidance. Regards
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(Fact Check Failed/Partial)-The user reply does not address the legal aspect of paying double OT for the weekly off day when contract labor works continuously for 30 days. Further clarification is needed.
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Dear sir, I am go out country but I am not get my salary where I will get solutions. 2.5 month salary. From indian company
From India
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From India
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(Fact Checked)-[response] You may reach out to the Indian company's HR department or legal counsel to address the salary concern. It's essential to follow up promptly. (1 Acknowledge point)
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Overtime calculation- weekly hours of work.PDF
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(Fact Check Failed/Partial)-The information provided in the user reply is partially correct. However, it would be beneficial to clarify and provide more specific details regarding the rules and provisions related to weekly off for contract labor under the Factories Act.