29 March 2013
A factory working time is 8am to 4.30 pm I.e. 8.30 hrs and 0.30 hr gives for lunch time ( necessary as per sec 55 of the factories act 1948) . My query 0.30 hr is include in working hrs or not for overtime cacilation ?
31 March 2013
But my client's argue that as per sec 59 of the factories act 1948 a worker works more than 48 hr in any week..... , but workers are works 8 hrs in a day and 1/2 hr for break means they are work only 48 hrs in a week .and also argued that no where specified ( entire factory act )about this lunch break , include in computation of ot .
31 March 2013
Dear this is business norm and common over the globe. the client's argument does not stand valid because the lunch break is human need and law is made to facilitate the human but not to tease them. this is certainly not mandatory that if it is not given in the factory act so it is not applicable, you have to see the social culture and other business laws as well. see the labor law you will find the lunch break, annual, casual, weekly, maternity and paternity off days as well. in the same way the calculation method of the OT must be given there.
please note:
I replied you in accordance with my experience and knowledge about the commercial laws which may differ from Indian laws since I am not from India and I did not study the Indian laws. You may refer the comment above to someone expert in Indian laws and your client as well.
22 May 2013
I agree with the expert and in addition to his explanation and guidance a person cannot work non stop for 8 Hrs and he has to go to toilet, washing etc. Do you think that the time taken for doing thiese things can be excluded? The answer is a big NO. So the time taken for break is to be included in 8 Hrs of working. Generally in India as the laborers are not educated the factory owners do not consider this time taken in working hours and the workers work in for additional time without any payment for it.
CAclubindia
