Working hours and days in an establishment as per law

APart feom Shop and establishment Act facxtories Act also regulate hours of work in facrtories.object of the Factories Act is to regulate the conditions of work in manufacturing establishments coming within the definition of the term "factory" as used in the Act. ... of workers inside factories, the hours of work, the minimum age 6f, workers, .... In areas where the I.S.T. is not observed, the State Government can by rules

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.

if any grievances it can be submitted to labour commissioner office. 

While posting such queries employee should post basic information! 



What is this establishment; Commercial, Industrial? 


What is its nature of business say; IT, ITeS?


How many persons are employed in it? 
What is your designation and nature of duties? 



How many persons report to you? 



Do you have any power to sanction leave/increment/appoint/terminate/appraise etc etc ?

You are in which state? 
Since how many months you are working? 
Do standing orders (model/certified) apply to establishment and your designation?



Was ever any stinker, memo, show cause notice on any misconduct issued to you? 


Are you a member of employee’s/trade unions?
 

Generically speaking:

Work hours:8/day,48/week

Beyond which OT can apply.

Break after 5 hours.

If out of 9 hours/day Break is for 1 hr/day then work hours are 8/day, 48/week.

OT won't apply.

There is also capping on OT. 

I want some guidance regarding the situation as soon as possible. The scenario is: A female working as an assistant to the employer (Employer is an individual running a business). The role is, attending calls, guiding clients, scheduling appointments etc.  Work hours are- 10AM to 7PM Six Days a week, no specified breaks, I can have my lunch anytime I want (for which I dont need more than 15mins, rest of the time I work) So, my total working hour including breaks are 9. As per the labour law, I have read, 9hours any day or not more than 48hours in any week. Calculating my hours they come up to 54hours in a week (9*6=54) If I am given a 30mins break I would still be working for 8:30 hours on any days and 51hours in a week.  Please correct my knowledge and guide me how can I rectify this with the employer. Appreciate the response, Thank you

Read more at: https://www.lawyersclubindia.com/forum/Clarity-about-working-hours-breaks-weekly-hours-and-ot--152144.asp

@curious_mind92 

You are working after work hours, spending more time in office  on your own.

The employer is not asking for OT.

Speak to Inspector appointed under state Act and find out if you can claim OT and also if you spend more than 30 minutes then you may be eligible for OT....

Same Query:

https://www.lawyersclubindia.com/forum/details.asp?mod_id=152144&offset=0

Also same query;

https://www.lawyersclubindia.com/forum/details.asp?mod_id=10958&offset=3

Hello Sir,

I appreciate your response,

I am not willingly spending more time in the office, my official hours were set at 10AM to 7PM. (9hour)

For which i had questioned about the spreadover after reading the working hour rules. (So she says, one can even work for 10.5 hours in a day) 

I dont want overtime pay, i would rather prefer working for eight hours with a half an hour interval for Six days a week.

I want to understand if the statement, 9hours in any day includes break so the actual working hours would be Eight and in a week would be 48.

8hrs/day excluding breaks.

Thank you so much, 

So as of now, i am working more than the specified limits, right? 

I will be stating my point today of 8 hours per day and 48 hours in a week above which its either rules violation without agreeing on overtime payment.

I hope my questions don't bother you, as this is my very first job. Your response will be greatly helpful.

Work hours are narrated in the Act and posted.

Max. OT hours and capping on OT are also narrated in the Act.

10.5hrs/day are above 8 hours and if weekly clockd hours are 10.5*6=63 then OT should be paid. 

Rest is your own decision.

Either work or change.