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rash_menon (n/a)     30 December 2009

maximum working hours

what is the maximum working hours for a day and for a week? does it include lunch break also?



Learning

 9 Replies

rash_menon (n/a)     30 December 2009

if an organisation has working hrs per day of 9.30 (including lunch of half an hour) from 9 to 6.30 for 5 days is it correct as per law?
the total hours in a week comes to 9.30*5= 46.50 hours.

in calculation of total hours in a week do we include lunch break?
in calculation of per day hours, do we include lunch hours in 9 hours or 9.30 hours is correct?
is the above calculation done correct and valid as per law?
 

 


(Guest)

8 hours per day including lunch break.. 48 hours per week. If a employee works more than 8 hours per day in the organisation/office will be treated as overtime work. For that stipulated remunaration will be paid.

Raj Kumar Makkad (Adv P & H High Court Chandigarh)     31 December 2009

As per provisions of Industrial Disputes Act the working hours daily are 8 hours which includes 1 hour for lunch break and a week is for 6 working days means total 48 working hours. These 48 hours can be distributted even in 5 working days proportionately.

 

Your calculation thus provided in the quarry is not correct.

 

Your calculation

1 Like

Sunita Lad (Advocate and Consultant)     31 December 2009

As per the provisions of the factories Act the maximum working hours in a week is 48 hrs. and the daily hours should not be more 9 hours in a day.The maximum spread over prescribed is 10 1/2 hours (including interval for rest). The interval for rest should be so fixed that no period shall exceed five hours and no worker shall work for more than five hours before he has had an interval for rest of atleast half an hour.

rash_menon (n/a)     31 December 2009

thnks for the reply to everyone. 

this means that i should take the calculation as 9*5=45 hrs in a week and not 9.3*5=46.50.

Further i wud like to kno whether 9 hrs working and 30 mins lunch is correct. As the bombay shop and establishment act says we should not work more than 9 hrs am a bit confused.

If we have office time (no manufacture) of 9 to 18.30 and lunch break from 1 to 1.30 is it correct for 5 days?

 

Rajan Salvi (Lawyer)     31 December 2009

Scientifically speaking a person can work with concentration only for a fixed period of time after which his efficiency of doing work decreases. Rest of the time , he is only physically present.

Soumya (EMPLOYEE)     06 March 2013

Sir I have a little Confusion.In referrence to BPO industry We have 9Hrs of work every day, 5 days a week.No breaks included.

IS it as per law ?

Does the 48hrs per week include Breaks.If yes Can you provide me any documents to support the fact ?

Thanks in Advance

 

Kumar Doab (FIN)     06 March 2013

Learned experts/members have given valuable advice. Kindly follow it.

“In referrence to BPO industry”

The industry is under SE Act which is state act and might be available at Dept of labor/SE Inspectorate website, or you may buy from market.

“No breaks included.” It is violation. The Inspector can check anytime and penalize.

e.g.:

SE Act Delhi:

8.  EMPLOYMENT OF ADULTS, HOURS OF WORK.

“No adult shall be employed or allowed to work about the business of an establishment for more than nine hours on any day or 48 hours in any week and the occupier shall fix the daily periods of work accordingly:”

“Explanation.—For the purpose of calculating  the normal hourly wage the day shall be reckoned as consisting of eight hours.’

COMMENTS

(a) Mode for calculation of overtime wages

 

10.  INTERVAL FOR REST AND MEALS

(1) The period of work of an adult employee in an establishment each day shall be so fixed that no period of continuous work shall exceed five hours and that no employee shall be required or allowed to work for more than five hours before he had an interval for rest and meals of at least half an hour.

(2) The time for such interval shall be fixed by the employer and intimated to the Chief Inspector a week before such fixation and shall remain operative for a period of not less than three months

11.  SPREAD OVER

The periods of work on any day of an adult person shall be so arranged that inclusive of his interval for rest or meals as required under section 10, they shall not spread over for more than ten and a half hours in any commercial establishment or for more than twelve hours in any shop.

17.  PERIOD OF REST (WEEKLY HOLIDAY)

18.  WAGES FOR THE HOLIDAY.

37.  POWERS AND DUTIES OF INSPECTOR.

(b) Duties of the Inspector

(c)  that the interval of rest and holidays required to be granted or observed under the Act are granted and observed and that the limits of hours of work and spread-over laid down under the Act are not exceeded;

(g)  that the provisions of the Act relating to the payment of overtime are duly observed;

43.  DETERMINATION OF EMPLOYER FOR THE PURPOSE OF THIS ACT.

Kumar Doab (FIN)     06 March 2013

Attached SE Act Delhi.


Attached File : 934524958 delhi shops & establishments act, 1954.pdf downloaded: 670 times

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