Work Hours
Jaydeep Kurup
(Querist) 07 August 2008
This query is : Resolved
Does section 54 and sec 56 of the Factories Act contradict each other. Whereas sec 54 states that a worker shall not be employed for more than 9 hrs in a day and 48 hrs in a week, sec 56 states that inclusive of rest hours it should not exceed 10 and 1/2 hrs.
So the company is supposed to pay OT after 9 or 10 and 1/2 hrs.
Please clarify asap.
Manish Singh
(Expert) 07 August 2008
they are not contrary to each other.
section 54 speaks aboutt he total no of working hours in a day only whereas sec 56 speaks about total no of hours including recess or interval in a day.
H. S. Thukral
(Expert) 07 August 2008
There are certain categories of employees for example drivers who have to remain on duty beyond normal working hours of office because they have to drop back senior exectives to their home. Therefore they are given extended recess in between usually more than other staff so that actual working hours do not exceed 9.
Jaydeep Kurup
(Querist) 07 August 2008
Thankyou guys.
But my question still remains unanswered as to when will the OT start. if the employer tries to play smart by dragging the employee for 10 and 1/2 hrs stating rest time and paying him overtime after that, will it be OK.
Lets take an hypothetcial example.
Say an employee starts working at 9 am to 12 noon takes half an hour break and starts at 12.30 and works till 4 pm takes half an hour break and resumes at 4.30 pm and works till 7.30 pm. He has worked for a total of 10 and 1/2 hours including 1 hour of rest. So ideally has has worked for 9 and 1/2 hours which is above ths stipulated time (9 hrs) mentioned in Sec 54 and within the stipulated time (10 and 1/2 hrs) mentioned in Sec 56.
Whether he is eligible for OT ??
Further whether 9 hrs as stipulated are actual work hours or inlcuding lunch time of half an hour?
Appreciate your time and efforts.
H. S. Thukral
(Expert) 07 August 2008
Before I answer to whether this is within the law that rest intervals are extended spread over is contained within in 10 1/2 hours ? As per the law a rest interval must follow after every five hours however there is no minimum hours working when rest can be provided. As per law you will be perfectly within the boundary line if you give rest interval after 3-4 hours and thus retain workers within the factory for extended hours. But you must understand that normally an adult worker is prohibited from working in any factory for more than forty eight hours in a week and for more than nine hours in a day as also beyond the shift where his group works on shifts. The actual working hours and the shifts as also the intervals for rest and spreadover are required to be fixed beforehand in the prescribed manner and notified by a notice, and where a worker is required or allowed to work otherwise than in accordance with such notice, and an entry made beforehand against his name in the register, it violates the prohibition under Section 63 for which the 'occupier' as well as the 'manager' of the factory shall each be guilty of the offence punishable under Section 92 of the Act. Therefore this decision is usually taken and conveyed to the authorities at the time of licensing of the factory and can not be changed arbitrarily. You must also understand that the workers do have rights and these rights sometimes are not givne but taken by collective bargaining.
In reply to second part it is actual 9 hours in a day excluding lunch hour.
Srinivas.B.S.S.T
(Expert) 18 August 2008
Yes as my friends said section 54 tells about the working hours and Section 56 about the working hours including breaks. The OT should start after expiry of working hours in section 56
Srinivas.B.S.S.T
(Expert) 18 August 2008
Yes as my friends said section 54 tells about the working hours and Section 56 about the working hours including breaks. The OT should start after expiry of working hours in section 56
