curious_mind92 25 July 2017

Clarity about working hours, breaks, weekly hours and 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

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15 Replies

Kumar Doab (FIN) 25 July 2017

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....

Kumar Doab (FIN) 25 July 2017

Same Query;

https://www.lawyersclubindia.com/forum/Working-hours-and-days-in-an-establishment-as-per-law-150398.asp

Ramesh 25 July 2017

dear curious,

as per many labour laws (like,factories,industrials..........)an adult person (male/female) can't work more then 48 hours in a week subject to excluding OT's.and an women employee shall not work in exceept 06.00A.M to 07.00P.M if Establishment have special permission from central government this timeings may exeed as 05.00A.M to 10.00P.M .But in your employment this provision may not applicable due to minimum number of employees are requried for applicabulity of labour laws.

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Kumar Doab (FIN) 25 July 2017

Also same query;

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

curious_mind92 25 July 2017

Hello,

Thank you for your response.

I had the same doubt, but when i questioned her she states according to the labour law one can work even for 10.5 hours, so I thought if she can imply her point with labour laws, then why can't I clarify the doubt, right?

Kumar Doab (FIN) 25 July 2017

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.

Kumar Doab (FIN) 25 July 2017

Rest is your own decision.

Either work or change.

Ramesh 25 July 2017

dear one,

give me some clarity regarding your establishment becuse we con't understanding wheater your employer coverd under acts or not! .1st tell us how many employees are working in your establishment and how much wages/salary your earning.............

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curious_mind92 26 July 2017

Hello,

I work on one to one basis with my employer. I schedule appointments and miscellaneous activities and have to report to her. There is no third person involved. I am located in Pune, Maharashtra. So does the Bombay Act apply to Pune?

Kumar Doab (FIN) 26 July 2017

CHAPTER I Preliminary 1. Short title extent and operation. This Act may be called the Bombay Shops and Establishments Act, 1948. [(2) It extends to the whole of the State of Maharashtra.]

https://mahakamgar.maharashtra.gov.in/images/pdf/the-bombay-shops-establishments-act-1948.pdf