Hello, we have different categories of support staff working in our institution.
The first category works from 9 am to 5 pm with a 30-minute lunch break, so the actual work is for 7.5 hours.
The second category works from 6 am to 9 am (3 hours), then 11 am to 2 pm (3 hours), and then 3 pm to 5 pm (2 hours), so the total working time is 8 hours. Now, the second category of staff is requesting that their working hours should also be 7.5 hours. Their demand has been rejected because the first category can't work more than 5.5 hours continuously; hence, a 30-minute break is given. On the other hand, the second category is not working continuously for more than 3 hours, resulting in an 8-hour workday.
Is the explanation justified?
From India, Jammu
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The first category works from 9 am to 5 pm with a 30-minute lunch break, so the actual work is for 7.5 hours.
The second category works from 6 am to 9 am (3 hours), then 11 am to 2 pm (3 hours), and then 3 pm to 5 pm (2 hours), so the total working time is 8 hours. Now, the second category of staff is requesting that their working hours should also be 7.5 hours. Their demand has been rejected because the first category can't work more than 5.5 hours continuously; hence, a 30-minute break is given. On the other hand, the second category is not working continuously for more than 3 hours, resulting in an 8-hour workday.
Is the explanation justified?
From India, Jammu
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Provisions relating to actual working hours, rest intervals, and spread over are to be examined by the applicable labor enactment. Your establishment may be covered under the State Shops Act or Factories Act, 1948. In general, you are required to grant a rest interval of a minimum of half an hour before five hours of continuous working. Working hours may vary for different categories of employees. For example, working hours of the general shift may be different from shift working.
R N KHOLA
From India, Delhi
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527R N KHOLA
From India, Delhi
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In case you are a factory registered as per the Factories Act 1948, then the provisions regarding spread over would apply. The provisions read as follows:
Factories Act, 1948
56. Spreadover
The periods of work of an adult worker in a factory shall be so arranged that inclusive of his intervals for rest under section 55, they shall not spread over more than ten and a half hours in any day:
PROVIDED that the Chief Inspector may, for reasons to be specified in writing, increase the spread over up to twelve hours.
As stated above, the spread over for the second category is 11 hours, so you would need permission from the Factory Inspector.
But in case you are covered in the Shop & Establishment Act of the state, the provisions of the same are to be looked into. But in general, 11 hours spread over is allowed.
There cannot be any extra compensation for the additional half an hour of work so long as it is provided as per law and the wages are paid for 8 hours of work per day. Indeed, the stress and strain of work are less for them as there is only continuous work for a max. of three hours.
Is the first category in the 8X3 shift. Generally in the 8X3 shift, a half an hour meal interval is provided. Otherwise, you can start a dialogue on making an 8-hour work schedule.
From India, Mumbai
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Factories Act, 1948
56. Spreadover
The periods of work of an adult worker in a factory shall be so arranged that inclusive of his intervals for rest under section 55, they shall not spread over more than ten and a half hours in any day:
PROVIDED that the Chief Inspector may, for reasons to be specified in writing, increase the spread over up to twelve hours.
As stated above, the spread over for the second category is 11 hours, so you would need permission from the Factory Inspector.
But in case you are covered in the Shop & Establishment Act of the state, the provisions of the same are to be looked into. But in general, 11 hours spread over is allowed.
There cannot be any extra compensation for the additional half an hour of work so long as it is provided as per law and the wages are paid for 8 hours of work per day. Indeed, the stress and strain of work are less for them as there is only continuous work for a max. of three hours.
Is the first category in the 8X3 shift. Generally in the 8X3 shift, a half an hour meal interval is provided. Otherwise, you can start a dialogue on making an 8-hour work schedule.
From India, Mumbai
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