• No fixed working hour and no weekly rest

I am an engineer in a electricity distribution company which is a government entity, we always understand our responsibility & duties toward publics and always available on duty at the of any emergency i.e. any interruption of supply and shutdown, but inspite of this we are forced to remain on duty from 8 am to no any further end on normal routine duty also, some time it goes upto 11 PM also, generally focused on recovery of electricity dues, in evening time we are forced to move in field for recovery drive and now Sunday rest is also called off, please suggest us what we have to do
Asked 6 years ago in Labour

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9 Answers

Every person is allocated a shift and the timings are fixed according to the zones as well as the place of posting i.e. forward area or peace station.  You should make a representation to the Concern department in case you are not being provided with Overtime Allowance if you are working more. 

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

Industry. Sections 51 and 52 of the Factories Act have prescribed weekly hours and weekly holidays. Section 51 states that no adult worker shall be required or allowed to work in a factory for more than 48 hours in any week. Section 52 mandates that there shall be a weekly holiday and the working days of the week shall be as prescribed thereunder. Under Section 54 daily hours have been prescribed. It states that subject to the provisions of Section 51, no adult worker shall be required or allowed to work in a factory for more than 9 hours in any day. As per Section 59where a worker works in a factory for more than nine hours in any day or for more than forty-eight hours in any week, he shall, in respect to overtime work, be entitled to wages at the rate of twice his ordinary rate of wages. The scheme of these sections, therefore, shows that in a week the workers in the factory are required to work for six days and the daily hours are normally eight hours so that in a week they work for 48 hours.

 

2) complain to labour court against inhuman working conditions and not being allowed weekly rest 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

You can make complaints against management as per Industrial Disputes Act and workmen compensation Act.

Plus need to check SOP and employment agreement between you and electricity board, MP state rules and regulations.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

You can complaint to the management first and state that it is against labour laws and then file a complaint with labour commissioner

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

Govt. Office timing is cannot exceed 8 hours a day otherwise over time will charge except in case of emergency and if emergency is routine than it shall be done in shifts but not over time. Can approach court for over time or restricted office hours.

Yogendra Singh Rajawat
Advocate, Jaipur
23079 Answers
31 Consultations

- As per the Factories Act , every adult , cannot work for more than 48 hours in a week and not more than 9 hours in a day. 

- Further, the time worked in excess of these 48 hours per week and nine hours per day will be counted as overtime, and will require the employer to pay workers twice the standard wage.

- Further, the worker has his right to say Yes to overtime or No to Overtime, and employer cannot force to work overtime, and no disciplinary action can be taken if say no to overtime/overwork.

- Hence, you have your right to inform the manangement for deny the same overwork given to you , and also on the ground of heath problems due to unrest. 

- If, management refuse to accept your request, then lodge your complaint with the Labour department and Court as well . 

                              

Good luck and dont forget to rating Positively

Mohammed Shahzad
Advocate, Delhi
15814 Answers
242 Consultations

You should file writ petition in high court for fixing of working time. 

And also pray for compensation for over time as well as fixed weekly holidays. 

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

 

The weekly limit on working time is an average. You can work more than 48 hours in a week as long as your average hours don't exceed 48. The average is worked out in different ways for different groups of workers, and the workforce as a whole can agree to change the way it's worked out.

 

As per the Factories Act 1948, every adult (a person who has completed 18 years of age) cannot work for more than 48 hours in a week and not more than 9 hours in a day. According to Section 51 of the Act, the spread over should not exceed 10-1/2 hours.

 

In accordance with the Factories Act 1948, normal working hours are 9 hours per day and 48 hours per week. Working hours for young workers are 4.5 hours per day.

Adult workers may be required to work beyond the stipulated working hours, i.e., 9 hours a day and 48 hours a week. The compensation for overtime work is twice the regular rate of his ordinary pay (200% of the regular wage rate). Ordinary rate of wages includes the basic wages plus such allowances, including the cash equivalent of the advantage accruing through the concessional sale to workers of food grains and other articles, as the worker is for the time being entitled to, but does not include a bonus and wages for overtime work.

The periods of work must be fixed in such a way that no period should exceed five hours (exemption can be granted to extend this period to 6 hours). A worker must get a rest interval of at least half an hour (30 minutes) after at most five hours of work. The total spread over (of working hours) inclusive of rest breaks and overtime cannot exceed ten and a half hours in any day. This means that an overtime of 2 hours is allowed per day. The Chief Inspector is authorized to extend this spread over, for reasons specified in writing, to 12 hours.

An employee may not be required to work overtime on short notice without prior intimation. Period of work, fixed in accordance with the provisions of Act, should be properly notified and displayed in the factory. Any proposed change should be notified to the Inspector, before the change is made.

In line with the Wage Code, the central or state government may fix the number of working hours that constitute a normal working day.  Where a worker works in excess of a normal working day, he is entitled to overtime wage, which must be at least 200% of the normal wage rate.

T Kalaiselvan
Advocate, Vellore
89976 Answers
2492 Consultations

Dear Sir,

Working Hours in India:

As per the Factories Act 1948, every adult (a person who has completed 18 years of age) cannot work for more than 48 hours in a week and not more than 9 hours in a day. According to Section 51 of the Act, the spread over should not exceed 10-1/2 hours.

How many hours (maximum) per day, week and year can a person work?

As per the Factories Act 1948, every adult (a person who has completed 18 years of age) cannot work for more than 48 hours in a week and not more than 9 hours in a day. According to Section 51 of the Act, the spread over should not exceed 10-1/2 hours.

The Minimum Wages Act, 1948 also specifies about the working hours under the rules 20 to 25 that the number of work hours in a day should not exceed 9 hours for an adult.

What are provisions under the labour law for over time in India?

Act

Provisions under the Act

Factories Act, 1948

Details are mentioned regarding the working hours, spread over and overtime in Sec. 51, 54 to 56 & 59 of the Act :

Under Sec. 59 it is mentioned that where a worker works in a factory for more than 9 hours in any day or for more than 48 hours in any week, he/she shall, in respect of overtime work, be entitled to receive wages at the rate of twice his/her ordinary rate of wages.

Netravathi Kalaskar
Advocate, Bengaluru
4951 Answers
27 Consultations

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