In our plant, duty time is from 08:00 to 16:00. In case of urgent work, we send our technicians by 16:00 and ask them to return at 20:00 on the same day until 08:00 the next day. Is this arrangement compliant with the Factories Act?
From India, Chennai
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From India, Chennai
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Dear Ankur,
Your description is a bit confusing to me. 08 to 16:00 hrs are the normal working hours. In the case of any urgent work beyond 16 hrs, why should you ask them to go and come back to do the work at 20 hrs the same night and continue to work until 8:00 hrs the next morning? After 8:00 am, will they be asked to do the next day shift continuously or granted compensatory off until the following day's usual shift?
From India, Salem
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6185Your description is a bit confusing to me. 08 to 16:00 hrs are the normal working hours. In the case of any urgent work beyond 16 hrs, why should you ask them to go and come back to do the work at 20 hrs the same night and continue to work until 8:00 hrs the next morning? After 8:00 am, will they be asked to do the next day shift continuously or granted compensatory off until the following day's usual shift?
From India, Salem
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In this case, the employee reports to duty at 8 in the morning and remains in the factory for 24 hours, even though he works for 8 hours in the general shift plus 4 hours (till 12 at night) in the second shift of the same day. That accounts for a spread over 12 hours. This is not acceptable. An interval of 4 hours from 4 pm to 8 pm is not enough. As such, your arrangement is not legal.
From India, Kannur
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From India, Kannur
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Dear Umakanthan.M Sir, thank you for your reply.
This is for some urgent work which will extend till night. We keep a team up to 20:00. The team coming in at night (from 20:00) continues the same work. Also, here we treat work done from 20:00 to 00:00 midnight as "Overtime". Work done from 00:00 to 08:00 covers the next day's work hours (they will not come again during the day).
From India, Chennai
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This is for some urgent work which will extend till night. We keep a team up to 20:00. The team coming in at night (from 20:00) continues the same work. Also, here we treat work done from 20:00 to 00:00 midnight as "Overtime". Work done from 00:00 to 08:00 covers the next day's work hours (they will not come again during the day).
From India, Chennai
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Dear Madhu.T.K. Sir, thank you so much for your reply. I think I may not have phrased my issue clearly.
(1) The worker is being sent home at 16:00 (he doesn't stay from 16:00 to 20:00 at the factory).
(2) The worker comes back at night at 20:00 and stays until the next day at 08:00.
With this arrangement, I understand we are not exceeding a 12-hour spreadover.
From India, Chennai
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(1) The worker is being sent home at 16:00 (he doesn't stay from 16:00 to 20:00 at the factory).
(2) The worker comes back at night at 20:00 and stays until the next day at 08:00.
With this arrangement, I understand we are not exceeding a 12-hour spreadover.
From India, Chennai
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Yes, I have understood it like that only. Even if you are sending the workers off the works and they are remaining at their houses for four hours, since they are returning to work at 8 pm again, the same will come under spread over. If you have urgent work (that urgent work will not happen every day, of course), you can engage them without giving this break but with a break of 30 minutes on an overtime arrangement. But that cannot be made a regular practice.
From India, Kannur
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From India, Kannur
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Dear Ankur,
Your explanations above are okay as per the Factories Act. You may also check the State Factory Rules and Section 64(2) of the Factories Act for several exemptions.
S K Bandyopadhyay (WB, Howrah) CEO-USD HR Solutions +91 98310 81531
USD HR Solutions – To strive towards excellence with effort and integrity
From India, New Delhi
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Your explanations above are okay as per the Factories Act. You may also check the State Factory Rules and Section 64(2) of the Factories Act for several exemptions.
S K Bandyopadhyay (WB, Howrah) CEO-USD HR Solutions +91 98310 81531
From India, New Delhi
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