Working hours for Driver or Security Guard
Himanshu
(Querist) 11 March 2010
This query is : Resolved
Whether any person working as Driver or Security Guard can work for 12 hours in a day and 6 days in a week.
Please advice.
Adviser-HRManagement
(Expert) 13 March 2010
I beg to differ with the views of Mr Raj Kumar. Service rules cannot contradict the statutory provisions.
Service rules can only permit working for 8 actual hours for any employee, be it driver, guard, machinist, clerk, etc. The query relates to "permissibility" of "hours of work" in a day/ in a week. So, it should be 8 hoursa day/ 48 hours a week.
However, Mr Raj Kumar's reponse implies that the driver/guard can be used for beyond 8 hours, not by service rules, but by necessity. Such extra hours are by Overtime, which are not predetermined. Further, such OT Hours are also bound by limitation to certain hours in a week/ month/ quarter, under Factories Act, S&E Act, Min Wages Act, etc.
So, sumary is: One can be employed for 8 hours by virtue of service rules, and for certain additional OT hours. It could be even 12 hours on some days, but not as a matter of predetermined hours throughout the service.
This response is as per statute. What is adhoc / off-record practised by certain firms is not taken into account.
Adviser-HR Management/Legal.
