Break period- paid or unpaid

you haven't given complete details of the new working period. kindly let me know about the total working hours. si that so called unpaid 30 mins break is extra break or if any employee goes for a break beyond 30 minutes then he/she shall not get salary for that extra 30 minutes.

please clarrify????

You may call on 9324538481 for further discussion.

Regards,

Advocate Rohit Dalmia

Mumbai

Thanx for your reply.

Actually it is discremination between two set of employees i.e. technical staff and non technical staff

The time period is as follows.

Start Time 0930 hrs  End Time 1720 Hrs (Including 1 hour break out of which 30 minutes unpaid) in 6 days a week pattern. 44 hours per week. Weekly span 47 Hours:- for Technical Staff

Start Time 0930 hrs  End Time 1800 Hrs (Monday to Friday), Start Time 0930 hrs  End Time 1330 Hrs (Saturday)(Including 30 minutes paid break daily) in 51/2 days a week pattern. 44 hours per week. Weekly span 47 Hours:- for Non Technical Staff

I want to know can the technical staff demand 1 hour paid break ( The break period among two category of employees varies as tea for non technical staff is served on table and for  technical staff they have to go to tea stall to have their tea.)

This looks like a clumsy arrangement. Who is the officer who has framed such a scheme, Mohammad-bin-Tuglak? Have the technical staff the option not to avail the unpaid 30 minutes. Any unpaid break should be optional and it should not be a break. It has to be at the beginning or end of the whole shift. There cannot be a compulsory unpaid period of work.

CAn we legally challenge it as the total duration is less than 48 hours?

It is difficult to predict what the court will say. It would also depend on what exactly the employer's order says and how the case is drafted by the lawyer.

You may refer to SE Act applicable to your state, if required.

E.g:

SE Act Delhi:

10.   Interval   for   rest   and meals.—(1)   The   period   of     work   of an   adult employee   in   an establishment   each   day   shall   be   so   fixed   that   no   period   of   continuous   work   shall   exceed   five hours and that no employee shall be required or allowed to work for more than five hours before he had an interval for rest and meals of at least half an hour.

There is a provision of “PUBLICATION OF WORKING HOURS AND PERIODS OF WORK” in standing orders, too. You may check the provisions in model/certified standing orders applicable to your designation.

Whether any act says anything about unpaid break ?