Night shift

shailesh pandey (Querist) 21 January 2014 This query is : Resolved
In Textile mill, there are three shifts.In night shift workers are taking 20 minutes tea break( at 2.00a.m. to 3.00 a.m. tea time),though tea time in agreement is only for 10 min.
kindly advice what is the correct . Can we stop him to take legal action . i have read that in night shift half an hour is allowed to take a break.

regards
shailesh

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ajay sethi (Expert) 21 January 2014
come on workers are also human . some times you must over look these aspects if you want results .

Raj Kumar Makkad (Expert) 22 January 2014
We are here to advice on legal aspects.

Both employer and employees are bound by the service agreement which permits only 10 minutes break for tea so legally such term can definitely be imposed by legal means.

A notice can be served o such employees reminding them about the term of the service agreement and slowly it can be got imposed in real sense.

shailesh pandey (Querist) 31 January 2014
Thanks for your kind advice.
Dear Sirs,
kindly refer the Factories Act 1948 ,sec55
Intervals for rest-{(1)} [the period of work] of adult workers in a factory each day shall be so fixed that no period shall exceed five hours and that no worker shall work for more than five hours before he has had an interval for rest of at least half an hour.
whether agreement or the Act will apply
shailesh pandey

Sudhir Kumar, Advocate (Expert) 15 April 2014
you can afford in house or visiting laywer

Guest (Expert) 15 April 2014
When you are aware of the provisions of Factory Act, what was the need to refer this academic query to the experts?

Moreover, how do you want to establish link of time of break of 10 or 20 Minutes break with the maximum period of 5 hours within which the the break is to be allowed?

Are not you trying to take test of the experts at LCI?

Night shift

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