Driver's working hrs

Sunita (Querist) 21 May 2013 This query is : Resolved
I am stuck here with the working hrs. of a driver for foreign expats. As per the rules of the vendor, a driver should not work more than 10 hrs. per day. But the client's requirement is 12 hrs. duty per day. The vendor is ready to provide driver along with the vehicle for 12 hrs., however as per rules he doesn't want to mention it in an agreement.
Kindly help with the query so that we will be able to mention 12 hrs. in an agreement also and it should go against rules of the vendor also.

Regards
Sunita

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ajay sethi (Expert) 21 May 2013
mention the working hours as required by law . overtime charges can be settled separately . if driver is willing to work over time and you are willing to pay for overtime you wont have any problem

Sunita (Querist) 21 May 2013
Thank you Ajayji for your prompt reply.
However the parties have already agreed to pay overtime after 12 hrs. duty time. However the issue is that The vendor is not ready to mention 12 hrs. time in the agreement.
Can we mention that "the driver should not work for 10 hrs. at one go. The working hrs. should be 12 hrs along with lunch breaks, tea breaks and rest period"?

Regards
Sunita

Guest (Expert) 21 May 2013
Vendor cannot make a formal agreement against the labour laws. You cannot even take duty beyond normal presctribed hours without paying OT for extra hours per day.

Raj Kumar Makkad (Expert) 21 May 2013
Normal working hours as per Indian labour laws are 8 hours per day and the employer has to pay overtime which is double amount than payable for normal working hours.

If the driver and both of you parties are agree then an agreement can be made otherwise vendor is right in his approach. Even 10 hours duty is against labour laws.

Sudhir Kumar, Advocate (Expert) 25 May 2013
agree with experts above

V R SHROFF (Expert) 25 May 2013
MUST PAY OVERTIME FOR time exceeding 8 working hrs(with lunch brk etc, 9 hrs) or exceeding 48 hrs a week, or as per negotiated time, as per L Laws

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