Working Hours of Adults | Business Law - B Com PDF Download

Working Hours, Holidays, and Compensation for Workers

The provisions under various sections of the Act provide comprehensive regulations concerning working hours, weekly holidays, and compensatory leave for workers in factories. These rules aim to protect workers' rights and ensure fair treatment in the workplace. Below is a detailed explanation of the key sections:

Section 51: Weekly Hours

• Adult workers are not allowed to work in a factory for more than 48 hours in a week, regardless of whether it is required or allowed.

Section 52: Weekly Holidays

Adult workers should not be required or allowed to work in a factory on the first day of the week, known as the "said day."

Exceptions:

• Allowed:. worker can be allowed to work on the said day if they are or will be having a holiday for a whole day before or after the said day, on one of the three immediate days.
• Required:. worker can be required to work on the said day if the factory manager gives notice to the inspector's office, before the said day or a substituted day, and displays a notice in the factory.

Note: The manager's requirement for a substituted day does not apply if the worker has been working for more than 10 consecutive days without a whole day holiday.

Cancellation of Notices:

• Notices can be cancelled by the day before the said day or by the holiday to be cancelled, whichever is earlier.

Weekly Hours Calculation:

• If an adult worker works on the said day and had holidays on one of the three days immediately before it, for the purpose of calculating weekly hours of work, it is included in the preceding week.

Section 53: Compensatory Holiday

Situation:

• A worker is entitled to compensatory holidays if they are deprived of their weekly holidays under section 52 of the Act due to:
  • An order or rule exempting a factory from the provisions of the Act.
  • An order or rule exempting the workers in a factory from the provisions of the Act.

Compensation:

• Workers are allowed compensatory holidays equal to the number of holidays lost.
• These compensatory holidays must be taken within:
  • The month in which the holidays were due, or
  • The two months immediately following that month.
• The State Government may prescribe the manner in which such compensatory holidays are to be granted.

Section 54: Daily Hours

• Adult Workers: In a factory, adult workers should not work for more than 9 hours in a day, subject to the weekly hours specified in Section 51 of the Act.
• Exception: The daily maximum of 9 hours can be exceeded with prior approval from the Chief Inspector to facilitate the change of shifts.

Section 55: Intervals For Rest

The 'period of work' for adult workers in a factory each day is determined by the following conditions:

• No period of work shall exceed 5 hours.
• A worker must have an 'interval for rest' of at least half an hour after a period of work of 5 hours.

The State Government or the Chief Inspector, who is under the control of the State Government, may exempt any factory from this section by written order with specified reasons. However, this exemption applies only if the total number of hours worked by a worker without an 'interval for rest' does not exceed 6 hours.

Spreadover (Section 56)

• The arrangement of the 'period of work' for adult workers in a factory, including the 'interval of rest' as per Section 55, should not exceed a spreadover of 10.5 hours in any day.
• Exception: The Chief Inspector may, for specific reasons and in writing, increase the spreadover up to 12 hours.

Night Shift (Section 57)

• When a worker in a factory is on a shift that extends beyond midnight:
• For the purposes of Sections 52 and 53, a holiday for a whole day is defined as a period of 24 consecutive hours, starting from the end of the worker's shift.
• The following day for the worker is considered to begin with this 24-hour period, and the hours worked after midnight will be counted as part of the previous day.

Prohibition of Overlapping Shifts

Section 58 of the Factories Act, 1948, prohibits the overlapping of shifts in factories. This means that work in a factory using a system of shifts cannot be carried out without proper arrangements to ensure that shifts do not overlap in time and kind.

Key Points:

• Authority: The prohibition is enforced by the State government or the Chief Inspector, who acts under the control of the State Government.
• Written Order: The Chief Inspector or the State government can issue a written order specifying the reasons for the prohibition.
• Exemptions: Exemptions can be granted under certain conditions, such as:
• Factories: Any factory or class of factories or specific departments or sections within a factory.
• Workers: Any category or description of workers within the factory.

Section 59: Extra Wages for Overtime

• Workers are entitled to overtime wages at double their ordinary rate if they work:
  • More than 9 hours in a day, or
  • More than 48 hours in a week.
• Ordinary Rate of Wagesincludes:
  • Basic wages
  • Allowances, including cash equivalents for concessional sales of food grains and other articles to workers.
• Ordinary Rate of Wagesdoes not include:
  • Bonus
  • Wages for overtime work
• Time Ratefor piece-rate workers is:
  • Daily average of full-time earnings for days worked on the same job during the previous month.
• Exception:Time rate is equivalent to:
  • Daily average earnings for days worked in the week of overtime.
• Explanation: Bonus and overtime wages are excluded from earnings calculations. Cash allowances should be based on the maximum quantity of food grains and other articles admissible to a standard family.
• Explanation 1:. standard family consists of:
  • The worker
  • The worker’s spouse
  • Two children below 14 years of age
• Explanation 2:Adult consumption units are calculated as follows:
  • Male above 14 years: 0.8 units
  • Female above 14 years: 0.6 units
  • Child above 14 years: 0.6 units
• The state government may prescribe rules regarding:
  • Computation of cash equivalents for concessional sales of food grains and other articles
  • Maintenance of registers in factories to ensure compliance with this section

Section 60: Restriction on Double Employment

• An adult worker is not allowed to work in more than one factory on the same day.

Section 61: Notice of Period of Work for Adults

There should be a notice displayed in every factory, as per Section 108(2), indicating the periods during which adult workers may be required to work. This notice must be maintained correctly and should show the daily work periods clearly.

Key Points

• The work periods displayed in the notice should be fixed in advance, according to the provisions of this section.
• Workers cannot work during these periods if it violates Sections 51, 52, 53, 54, 56, and 58, which regulate working hours for adults.

General Guidelines
Same Work Periods for All:

• If all adult workers in a factory have the same work periods, the factory manager will set these periods.

Different Work Periods for Groups:

• If adult workers have different work periods, the manager should group them based on the nature of their work and specify the number of workers in each group.

Fixed Work Periods for Groups:

• For groups that do not work in shifts, the manager will determine their work periods.

Shift Work with Variable Relays:

• If a group works in shifts with variable relays, the manager will set the work periods for each relay.

Shift Work with Fixed Relays:

• If a group works in shifts with fixed relays, a shift scheme will be created, outlining the work periods for each relay and their daily schedule.

State Government Regulations:

• The state government may specify the notice forms and maintenance procedures required by this section.

Specific Situations
New Factories:

• Factories starting operations after this Act requires to send a duplicate copy of the work notice to the Inspector before commencing work.

Changes in Work System:

• Any proposed changes in the work system that require a notice change must be notified to the Inspector in duplicate before the change.
• Changes cannot be made without the Inspector's prior approval, and a one-week notice period is required between changes.

Register of Adult Workers

• The register of adult workers in a factory is to be maintained by the manager of every factory.
• It must be readily available to the Inspector at all times, either during working hours or when any work is being carried out in the factory.
• The register should include the following details for each adult worker:
• Name
• Nature of work
• Group (if applicable)
• Shift details (if the group works on shifts)
• Any other particulars as prescribed

Conditions for Maintaining the Register

• A muster roll or register can be maintained in place of the register of adult workers if:
• The Inspector believes that it is part of the factory's routine and provides the required particulars.
• If an adult worker's name and details are not entered in the register, they should not be allowed to work in the factory.

Prescriptions by State Government

• The State Government may prescribe the form of the register, the manner of maintaining it, and the period for which it should be preserved.

Section 63: Hours of Work to Correspond with Notice under Section 61 and Register under Section 62

An adult worker can only be required or allowed to work in a factory if:

• It is in accordance with the notice displaying the periods of work for adults in the factory, as per Section 61.
• Entries are made beforehand against the worker's name in the register of adult workers of the factory, as per Section 62.

Section 64: Power to Make Exemption Rules

The State Government or the Chief Inspector has the authority to create rules that define individuals in supervisory, managerial, or confidential positions within a factory.

Provision 1:

• The Chief Inspector can declare a person as holding a supervisory, managerial, or confidential position if, in their opinion, the person fits this criteria.
• Such declared individuals are exempt from the provisions of this chapter, except for Section 66(1)(b).

Provision 2:

• Individuals declared under Provision 1 are entitled to extra wages for overtime work if their ordinary rate of wages does not exceed the limit set in Section 1(6) of the Payment of Wages Act, 1936.
• This means that Sections 59 and 66(1)(b) apply to these individuals.

Exemption Rules for Adult Workers in Factories:

• Workers engaged in urgent repairs are exempt from Sections 51, 52, 54, 55, and 56.
• Workers engaged in preparatory or complementary work that must be carried out outside the general working limits are exempt from Sections 51, 54, 55, and 56.
• Workers engaged in intermittent work with longer intervals than those required by Section 55 are exempt from Sections 52, 54, 55, and 56.
• Workers engaged in continuous work for technical reasons are exempt from Sections 51, 52, 54, 55, and 56.
• Workers engaged in making or supplying essential articles daily are exempt from Sections 51 and 52.
• Workers engaged in manufacturing processes restricted to fixed seasons are exempt from Sections 51, 52, and 54.
• Workers engaged in processes dependent on irregular natural forces are exempt from Sections 52 and 55.
• Workers in engine rooms, boiler houses, or attending to power plant or transmission machinery are exempt from Sections 51 and 52.
• Workers printing newspapers due to machinery breakdown are exempt from Sections 51, 54, and 56.
• Workers loading or unloading railway wagons, lorries, or trucks are exempt from Sections 51, 52, 54, 55, and 56.
• Workers engaged in nationally important work as notified by the State Government are exempt from Sections 51, 52, 54, 55, and 56.

Exemption Situations:

• The State Government can provide exemptions subject to prescribed conditions and may also grant consequential exemptions under Section 61.
• The State Government should not exceed the following limits while making rules:
• Total hours of work in a day, including overtime, shall not exceed 10 hours.
• Spread over, including rest intervals, shall not exceed 12 hours in a day.
• Total hours of work in a week, including overtime, shall not exceed 60 hours.
• Total overtime hours shall not exceed 50 in any quarter.
• A "quarter" refers to a period of 3 consecutive months starting on January 1, April 1, July 1, or October 1.

Provision for Continuous Work:

• The State Government may make rules allowing continuous work for technical reasons, enabling shift workers to cover subsequent shifts in the absence of a scheduled worker.
• These rules may not adhere to the 10-hour and 12-hour limits mentioned above.

Rules and Exemptions under Section 65

Duration of Rules: Rules made under this section shall remain in force for a maximum of five years.

Power to Make Exempting Orders: The State Government has the authority to relax or modify the provisions under Section 61 for adult workers in factories under certain circumstances.

Conditions for Exemption: The State Government or Chief Inspector may exempt adult workers in any factory or group of factories from specific sections (51, 52, 54, 56) if it is deemed necessary to address an exceptional press of work.

Maximum Limits for Exemption: The following conditions must be met for any exemption granted:

• Total hours of work in a day should not exceed 12.
• Spread over, including intervals for rest, should not exceed 13 hours in a day.
• Total hours of work in a week, including overtime, should not exceed 60.
• No worker should work overtime for more than 7 days consecutively, and total overtime in a quarter should not exceed 75 hours.

Explanation of "Quarter": In this context, "quarter" has the same meaning as in Section 64(4).

Section 66: Further Restrictions on Employment of Women

When applying the regulations of this chapter to women working in factories, the following additional restrictions must be considered:

• Exemption from Section 54: No exemptions from Section 54 shall be granted with respect to any woman.
• Working Hours: Women shall not be required or allowed to work in any factory except between the hours of 6 A.M. and 7 P.M.
• Variation of Limits: The State Government may vary the limits specified above by notification in the Official Gazette for any factory or group or class or description of factories. However, such variation shall not permit the employment of women between the hours of 10 P.M. and 5 A.M.
• Change of Shifts: There shall be no change of shifts except after a weekly holiday or any other holiday.
• Exemption for Fish Curing or Canning Factories: The State Government may make rules providing exemption from the above restrictions for women working in fish curing or fish canning factories where it is necessary to employ women beyond the specified hours to prevent damage to or deterioration of raw materials. This exemption should not remain in force for more than three years at a time.