Our employer often re-schedules(deferment/advancement) its workers weekly off-day according to its requirements. But doesn't give any benefits of extra hours (beyond 48hrs) of working in a week.
According to Factories Act, 1948, clause no.51, no adult worker shall be required or allowed to work in a factory for more than 48 hrs in any week.
Also, the clause no. 52, says "no worker shall be required or allowed to work in a factory on the first day of the week (herein after referred to as the said day), unless -----
he has or will have a holiday for a whole day on one of the three days immediately before or after the said day."
The clause no. 59, says "where a worker works in a factory for more than 9 hrs in any day or for more than 48 hrs in any week, he shall, in respect of overtime work, be entitled to get the wages at the rate of twice of his ordinary rate of wages."
If the off-day of worker is deferred by 3 days, he has to work for 72 hrs in a week, therefore according to clause no. 59, he should be given the wages for extra 24 hrs(72-48=24) at the rate of twice of his ordinary wages.
I WANT TO KNOW YOUR OPINION, WHETHER YOU AGREE OR DISAGREE (with detailed information).
my email - sarkarswarnendu@yahoo.com
