Where to find the details about the factories act
27-May-2023 (In Corporate Law)
So, my employer is forcing me to work split days in a weekend shift (Saturday, Sunday, Tuesday, Wednesday). Is there a legal way to obstruct this or an act that would hinder this process. Also, they are going to send me to that shift this Saturday by giving me an off on Friday. Which means that my work hours that week would be, 9+9+9+9+12+12= 60. Which according to Factories Act of 1948 exceeds the limit of 48 hours by a huge margin. What would be the best legal advice in this case.
The answer to your query depends largely on the nature of employment you have with your organization. Please understand that you may or may not fall under the ambit of the Factories Act, 1948. On the basis of the limited information shared by you, it can be stated you have a right to be paid overtime wages for the hours over and above mandated by the law.
Another thing to understand is the existing contract you have with your employer. The Factories Act does mandate a day off but does not specifically state which day in a week shall be fixed. However every employer is statutorily obligated to give a day off in a week to each of their employee. Your workday schedule may be stated in your contract with your employer.
At best you can ask for overtime wages claim and the other legal remedy largely depends on your contract.
Another thing to understand is the existing contract you have with your employer. The Factories Act does mandate a day off but does not specifically state which day in a week shall be fixed. However every employer is statutorily obligated to give a day off in a week to each of their employee. Your workday schedule may be stated in your contract with your employer.
At best you can ask for overtime wages claim and the other legal remedy largely depends on your contract.
Are 12 hour shifts legal in India?
Karnataka & Tamil Nadu now allow 12-hour days for factories. There is a possibility that other Indian states will follow suit. 23-Apr-2023
Is 8 hours working time including lunch?
Please confirm that, according to the Shops and Establishment Act and the Factories Act, lunch is included in the 8 hour day. Lunch time does not count towards 8 hours. It's not 8 hours. You have to take a break after 4-5 hours.
How many hours of work is legal in India?
According to the Factories Act of 1948, no adult (a person over 18 years old) can work more than 48 hours per week or more than nine hours in one day. Section 51 of this Act states that the total number of hours should not exceed 101/2.
What are the working hours for private companies in India?
The daily working hours are between 8-10 hours. Weekly hours are limited to 48 hours. The weekly limit is 50-60 hours including overtime. Work cannot be done continuously with a 30-minute interval for longer than five hours. 06-Oct-2022
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Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
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