Permission For 12 Hours Duty from Labour Department applicability?
From India
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1From India
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The issue has many implications and is to be examined minutely. Please furnish more facts. - S. K. Mittal 9319956443
From India, Faridabad
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From India, Faridabad
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Thank you, Shobhit, for the response.
We are producers of steel billets made from metal scraps with the addition of a small quantity of pig iron and sponge iron. Currently, around 110 contract workers and 25 company employees are working at our plant. Additionally, we have 12 outsourced security personnel.
We are seeking permission from the Labour Office to implement 12-hour shift work for all contract workers and some company employees. Your guidance on this matter would be greatly appreciated.
Regards,
Aravind Patro
From India
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We are producers of steel billets made from metal scraps with the addition of a small quantity of pig iron and sponge iron. Currently, around 110 contract workers and 25 company employees are working at our plant. Additionally, we have 12 outsourced security personnel.
We are seeking permission from the Labour Office to implement 12-hour shift work for all contract workers and some company employees. Your guidance on this matter would be greatly appreciated.
Regards,
Aravind Patro
From India
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Dear Mr. Arobindo,
The Labour Department would not give permission for 12 hours duty because it is out of context. You can notify the Labour Department and copy Factory Inspector, stating, "Owing to meeting a supply deadline, your establishment extended the shift hours beyond 4 hours for certain employees, and they will be paid as per the norms." The employees who worked the extra 4 hours are entitled to be paid double the rate as per the rules of overtime.
Thank you.
From India, Mumbai
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The Labour Department would not give permission for 12 hours duty because it is out of context. You can notify the Labour Department and copy Factory Inspector, stating, "Owing to meeting a supply deadline, your establishment extended the shift hours beyond 4 hours for certain employees, and they will be paid as per the norms." The employees who worked the extra 4 hours are entitled to be paid double the rate as per the rules of overtime.
Thank you.
From India, Mumbai
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Officially, 12 hours of working may not be granted permission. However, intimation to concerned authorities about extended hours of working for a short period can be accepted, provided that employees are paid overtime at double the wage rate and are given the required welfare.
If it is done to mitigate the cost issues of the company, then I would say it is not advisable to go for 12 hours. After all, security is vital to the organization, as is the manpower and their welfare.
From India, Vadodara
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If it is done to mitigate the cost issues of the company, then I would say it is not advisable to go for 12 hours. After all, security is vital to the organization, as is the manpower and their welfare.
From India, Vadodara
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First, 12-hour shifts are illegal in India. Therefore, the labor department or any government authority cannot give you the approval. Even during the Covid lockdown, the high courts struck down all such notifications.
If you are doing 12-hour shifts for a short period to meet emergency manpower shortages, then you can do so, but it will be an 8-hour shift with 4 hours of double-rate overtime. That is the best you can do. Even then, the overtime cannot exceed 48 hours a quarter (117 hours in some states like Maharashtra).
From India, Mumbai
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If you are doing 12-hour shifts for a short period to meet emergency manpower shortages, then you can do so, but it will be an 8-hour shift with 4 hours of double-rate overtime. That is the best you can do. Even then, the overtime cannot exceed 48 hours a quarter (117 hours in some states like Maharashtra).
From India, Mumbai
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Thanks, Mr. Prabhat, Vijay, and Mr. Saswat for the response.
As per my knowledge, though a 12-hour working day is not legal (except for a few exceptions), 70% of manufacturing units engage contract workers for 12 hours. Even many companies have their company workmen work for 12 hours on duty. Such practices are not hidden from government bodies like Factory & Boiler Authorities or the Labor Department.
Why hasn't a legal rule been made on this? I think the government should consider this by looking at the nature of work, where the spread hours are more significant, but the actual work is minimal. For example, drivers or workers who have to cut metal every 15 to 30 minutes, with each cutting session taking only 30 seconds. Similarly, a crane operator may only need to operate the crane for 10 to 15 minutes every 30 minutes. Another example is that 75% of security agencies deploy their guards for 12-hour shifts.
Can we debate this or start thinking about it?
From India
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As per my knowledge, though a 12-hour working day is not legal (except for a few exceptions), 70% of manufacturing units engage contract workers for 12 hours. Even many companies have their company workmen work for 12 hours on duty. Such practices are not hidden from government bodies like Factory & Boiler Authorities or the Labor Department.
Why hasn't a legal rule been made on this? I think the government should consider this by looking at the nature of work, where the spread hours are more significant, but the actual work is minimal. For example, drivers or workers who have to cut metal every 15 to 30 minutes, with each cutting session taking only 30 seconds. Similarly, a crane operator may only need to operate the crane for 10 to 15 minutes every 30 minutes. Another example is that 75% of security agencies deploy their guards for 12-hour shifts.
Can we debate this or start thinking about it?
From India
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Under the Factories Act, as of the present date, the spread over is 10.5 hours, comprising 5 hours of work, followed by 0.5 hours of rest, and another 5 hours of work. If the total weekly work hours exceed 48 hours or more than 9 hours per day, overtime (OT) will be applicable. The maximum working hours allowed in this system is 10 hours.
Additionally, there is a provision for a 12-hour shift with the permission of the Chief Inspector of Factories (CIF). In a Jute Mill setting, the spread over spans 12 hours, with the shift allocation from 6 am to 10 am, followed by a break from 10 am to 2 pm, and then duty again from 2 pm to 6 pm. While the spread over lasts 12 hours, actual working hours amount to 8. The system is designed such that a Jute Mill worker works for 4 hours, returns to their residence in Basti (adjacent to the Jute Mill) for household tasks such as cooking and eating, and then resumes work. This setup might have safety implications for reducing prolonged exposure to the workplace. I am uncertain whether this system has been modified or not.
In the new Labor Codes, a 12-hour Spread Over is permitted without the need for CIF's permission. There are interpretations suggesting that workers would work for 4 days, totaling 4*12 = 48 hours, with 3 days off each week. However, this arrangement may not be feasible due to the retention of the OT clause. In this system, the total working hours would be 11, encompassing 5 hours of work, 0.5 hours of rest, 5 hours of work, 0.5 hours of rest, and 1 hour of work. Therefore, there would be 3 hours of OT daily, surpassing the maximum limit of OT hours per week or quarter. In my view, this would be unattainable.
Let us now consider other factors concerning continuous work exceeding 8 hours. Humans are not machines; extended work hours can lead to fatigue, increased accident probability, and decreased worker efficiency, ultimately impacting quality and productivity.
Presently, numerous organizations are employing contract labor for 12-hour shifts, even in core operations, without providing any OT compensation. This practice amounts to exploitation and is illegal. Oversight authorities should monitor and regulate such systems. Unfortunately, these authorities are either corrupt or lackadaisical. Improvement can be achieved if the overseeing entities act ethically and adhere to labor laws diligently.
S K Bandyopadhyay (WB, Howrah)
CEO-USD HR Solutions
+91 98310 81531
skb@usdhrs.in
USD HR Solutions – To Strive towards excellence with effort and integrity
From India, New Delhi
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Additionally, there is a provision for a 12-hour shift with the permission of the Chief Inspector of Factories (CIF). In a Jute Mill setting, the spread over spans 12 hours, with the shift allocation from 6 am to 10 am, followed by a break from 10 am to 2 pm, and then duty again from 2 pm to 6 pm. While the spread over lasts 12 hours, actual working hours amount to 8. The system is designed such that a Jute Mill worker works for 4 hours, returns to their residence in Basti (adjacent to the Jute Mill) for household tasks such as cooking and eating, and then resumes work. This setup might have safety implications for reducing prolonged exposure to the workplace. I am uncertain whether this system has been modified or not.
In the new Labor Codes, a 12-hour Spread Over is permitted without the need for CIF's permission. There are interpretations suggesting that workers would work for 4 days, totaling 4*12 = 48 hours, with 3 days off each week. However, this arrangement may not be feasible due to the retention of the OT clause. In this system, the total working hours would be 11, encompassing 5 hours of work, 0.5 hours of rest, 5 hours of work, 0.5 hours of rest, and 1 hour of work. Therefore, there would be 3 hours of OT daily, surpassing the maximum limit of OT hours per week or quarter. In my view, this would be unattainable.
Let us now consider other factors concerning continuous work exceeding 8 hours. Humans are not machines; extended work hours can lead to fatigue, increased accident probability, and decreased worker efficiency, ultimately impacting quality and productivity.
Presently, numerous organizations are employing contract labor for 12-hour shifts, even in core operations, without providing any OT compensation. This practice amounts to exploitation and is illegal. Oversight authorities should monitor and regulate such systems. Unfortunately, these authorities are either corrupt or lackadaisical. Improvement can be achieved if the overseeing entities act ethically and adhere to labor laws diligently.
S K Bandyopadhyay (WB, Howrah)
CEO-USD HR Solutions
+91 98310 81531
skb@usdhrs.in
USD HR Solutions – To Strive towards excellence with effort and integrity
From India, New Delhi
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Dear Mr. Patro,
Surprised to see you reactivate this thread after a year... I don't know what a debate will solve. You need to see what the govt will allow. Unfortunately, for most of us, we are not in a position to influence the path of government policy.
That said, companies doing 12-hour shifts are doing so illegally. Therefore, their action carries risks. The question then is only whether you are willing to take the same risks.
"Such practice is not hidden to the Govt bodies either Factory & Boiler Authorities or Labour dept." Well, the government bodies know, but they are under political control, so nothing much will happen in it. They will come, take their share of the booty and go. But if someone takes up the matter, they will be forced to act... thanks to things like RTI.
"Why some legal rule is not made? I think Govt. should think of it by seeing the nature of work, whose spread hours are more but work is very less, e.g., Drivers, or a worker has to cut a metal once in every 15 to 30 minutes, and the cutting times take only 30 seconds. Similarly, a crane operator has to operate the crane once in 30 minutes for 10 to 15 minutes. Another e.g., 75% Security agencies deploy their guards for 12 hrs. work."
Like I said, we only can follow government regulations. If a matter goes to court, it will not listen to your argument and fine you for violation of the law. A driver may drive for only 2 hours a day. But he is sitting there all day. Fatigue seeps in, irrespective of whether he is driving or sitting idle. The same with Crane drivers. Is it that he is getting off after 10 min of work on doing something else and refreshing himself till he is needed? NO. He is sitting there until the time they have something to move again. The same is with all functions.
From India, Mumbai
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Surprised to see you reactivate this thread after a year... I don't know what a debate will solve. You need to see what the govt will allow. Unfortunately, for most of us, we are not in a position to influence the path of government policy.
That said, companies doing 12-hour shifts are doing so illegally. Therefore, their action carries risks. The question then is only whether you are willing to take the same risks.
"Such practice is not hidden to the Govt bodies either Factory & Boiler Authorities or Labour dept." Well, the government bodies know, but they are under political control, so nothing much will happen in it. They will come, take their share of the booty and go. But if someone takes up the matter, they will be forced to act... thanks to things like RTI.
"Why some legal rule is not made? I think Govt. should think of it by seeing the nature of work, whose spread hours are more but work is very less, e.g., Drivers, or a worker has to cut a metal once in every 15 to 30 minutes, and the cutting times take only 30 seconds. Similarly, a crane operator has to operate the crane once in 30 minutes for 10 to 15 minutes. Another e.g., 75% Security agencies deploy their guards for 12 hrs. work."
Like I said, we only can follow government regulations. If a matter goes to court, it will not listen to your argument and fine you for violation of the law. A driver may drive for only 2 hours a day. But he is sitting there all day. Fatigue seeps in, irrespective of whether he is driving or sitting idle. The same with Crane drivers. Is it that he is getting off after 10 min of work on doing something else and refreshing himself till he is needed? NO. He is sitting there until the time they have something to move again. The same is with all functions.
From India, Mumbai
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Let's hope that 12-hour duty shifts, with a decrease in working days, will be implemented soon to balance the personal and professional lives of workers/professionals through the new Labour Codes.
The latest news is that this change is scheduled to take effect from October 1, 2022.
From India, Aizawl
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The latest news is that this change is scheduled to take effect from October 1, 2022.
From India, Aizawl
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