LIVE Online Course on NDPS by Riva Pocha and Adv. Taraq Sayed. Starting from 24th May. Register Now!!
LAW Courses

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Mallikarjun (Engineer)     27 November 2013

Working hourd

Hi 

 

I have a Question under shops and establishment act the total working hours in a day should not exceed 9 hours including break and 48 hours in a week.

Could you please clarify week means 5 days or 6 days.

I have situation here we are working for 10 hours day (1 hour break) for 5 days can we work like this.



Learning

 11 Replies

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     27 November 2013

The Supreme Court said that courts must exercise restraint and refrain from interfering with functions of the managements that involve administrative decisions including fixing of the working hours.

Mallikarjun (Engineer)     28 November 2013

HI Ramachary,

 

Sorry, I didn't get you. You mean to say we should not work for 10 hours a day 5 days per week.

Kumar Doab (FIN)     28 November 2013

You are in which state?

The redg. office/HO of the company is in which state?

 

Your understanding of the Act is correct.

Beyond 8 hours/day 48 hours/week OT is applicable.

 

You may also go thru sections on OT in the Act. There is a ceiling on work hours/day, OT hours per day, per week and per annum also. Therefore if you are made to work 10 hrs/day each day then it should be violative of the Act, standing orders also.........................

 The employer is bound to record the hours on work in forms/registers of each day and Inspectors can examine and call for such record.

Employee should lodge claim for OT in reasonable time.

Employer should pay OT on his own on usual pay day and add the amounts in pay slip.

Up to 48 hours /week the establishment may impress to pay single wages.

 

Beyond 48 hours/week company should pay double wages.

Mallikarjun (Engineer)     29 November 2013

Hi 

 

I am working from karnataka and my office head office is in DublinIreland. So week means 5 days only riight?

Kumar Doab (FIN)     29 November 2013

 

To operate in Karnataka in

 

India the company has to register in Karnataka India as per laws of the land and state.

You may refer to the Karnataka Shops and Commercial Establishment Act Section:7, 8,9, 10, 15, 18, 28, 34...............

 

Karnataka Shops and Commercial Establishments Act, 1961 and Rules thereunder

https://www.karunadu.gov.in/e-forms/Documents/labour-forms/kar-shops-commercial.pdf

[FORM ‘T’

Combined Muster Roll-cum-Register of Wages

[See Rule 24(9-B)of the Karnataka Shops and

Commercial Establishments Rules, 1963]

 

 

 

FORM ‘U’

COMBINED ANNUAL RETURN

[See Rule 24(9-C) of Karnataka Shops and Commercial Establishments

Rules, 1963]

 

{Which has columns for OT by employees}

 

 

 

 

The work hours should remain the same for shift duty as well and above prescribed hours OT should be paid.

 

ILO has rather recommended work hours as 40/week.

 

You must lodge the claim for OT well in time if employer has not been paying OT and must keep attendance record.

 

You must also take care that employer issues instructions in writing to work for 10 hours/day otherwise employer to escape from OT may claim employees were in office on their won and were completing their pendencies only and no instruction for OT was ever issued.

 

 

 

For work done on holidays you may refer to the leaver policy of the company demand compensatory off and double wages. You may relate the reply of the company with the provisions of Karnataka Shops and Commercial Establishment Act,

 

and

 

 

THE KARNATAKA INDUSTRIAL ESTABLISHMENTS (NATIONAL AND FESTIVAL HOLIDAYS) ACT, 1963

 

Depending upon the reply of the company you may proceed further.

 

The state of Karnataka has ended the exemption granted to IT/ITeS companies and all companies were instructed to submit draft standing orders within Dec12 for certification by Mar13. Till then Model Standing Orders shall apply.

 

If your establishment is other than IT/ITeS companies then you may look into standing orders (Certified/Model) as well, as the state govt. might have not granted any exemption to your establishment from standing orders.

 

The labor officials, Trade Unions, IT employees union can also be approached.

It shall be appropriate to approach a labor consultant/service lawyer at your location and proceed under te advice of your lawyer.

 

 


Attached File : 901920327 karnataka national and festival holidays 24 of 1963 (e).pdf, 901920327 karnataka shops and commercial establishment act.pdf, 901920327 kar-shops-commercial.pdf downloaded: 261 times

Mallikarjun (Engineer)     30 November 2013

HI All,

 

My simple  question how many days of working in a week is it 5 or 6? 

Kumar Doab (FIN)     30 November 2013

Working hour/week :::::::48hrs week.

Be it working days/week 5 or 6.

 

For max. work hours allowed/month and per year go thru the enactments cited and attached.

 

Go thru the attachments and post carefully.

 

Lodge claim for OT well in time and carefully.

 

You can obtain the latest version of the enactments cited in this post from Dept. of labor Karnataka or buy from market.

Your lawyer and trade unions may have latest notifications and latest versions.

 

Approach Inspector under Karnataka Shops and Commercial Establishment Act, Inspector under Payment of Wages Act.

 

Labor Inspector in O/o Labor Commissioner may also be the Inspector under Karnataka Shops and Commercial Establishment Act and Inspector under Payment of Wages Act.

 

Demand copies of forms/formats/registers as cited under Karnataka Shops and Commercial Establishments Act, 1961 and Rules thereunder............................................and check if the employer and its HR has recorded actual and correct working hours/day.

 

Even if the employer is submitting the forms/formats electronically to the Labor Office, the format has to be as prescribed under the rules and Inspector is empowered to check and obtain copies.

 

 

For even simpler understanding approach employee’s unions, trade unions, lawyer/labor consultant, labor office.

 

 

1 Like

Sudhir Kumar, Advocate (Advocate)     01 December 2013

well elaborated by Mr Kumar Doab

Mallikarjun (Engineer)     02 December 2013

Kumar provided me answer for me and explained well. So per day 10 hours (include 1 h  lunch break) of working for 5 day is wrong right as per the law.

Kumar Doab (FIN)     02 December 2013

 

Max. Work hours including OT/day=10

Max. OT=50 hrs in continuous 3 months.

 

The list of labor officials, Trade Unions has been attached.

You can also download latest version of these and ILO guidelines (India is a signatory) from Dept. of Labor , internet and buy from market.

 

 


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register  



Post a Suggestion for LCI Team
Post a Legal Query