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ishitamehta
4

hi
i hav query regarding the office timing. actually v r going to make rules regarding timing n attendance. there mgt want to show timing 9:30AM to 7:30PM with 1 hr lunch. i want to knw tht it is fine according to law.Actually in HO pepl work till late hrs n there is no OT sys regarding the staff so the mgt thought if v increase the time than ppl dont think abt OT n work till late hrs also.
so kindly suggest me tht wht can be better option regarding to law.present timing is 9:30AM to 6:30Pm with half n hr lunch but due to many ppl went outside 4 lunch v hav to increse lunch hrs by 1 hr

From India, Mumbai
hrpractices
Its wrong, As per industrial law a employee hasto perform 48 hrs as a duty in one week beyond that company has to pay OT.
From India, New Delhi
ishitamehta
4

thanx for reply. actually there is one arguement that factories act is applicable for workers whor work in manufacturing butnt on employees who work in head office. i think ther is no law related to employees who work in HO.then wht i can suggest mgt to convience them not to incresse timing otherwise ppl vil feel demotivated
From India, Mumbai
R.N.Khola
355

Dear
For head office employees plz examine State Shops & Commercial Establishment Act for working hours,spread over, weekly off day etc. You may also see the definition of the employee under this Act for its implementation.
Regards,
R.N.Khola
Skylark Associates, Gurgaon(Haryana)
(Labour Law & Legal Consultants)
09810405361

From India, Delhi
Akhil.Gupta
137

Hi Ishita Please find attached the excel sheet for working hours state wise.
From India, Kota
Attached Files (Download Requires Membership)
File Type: xls Hour of works.xls (18.5 KB, 1618 views)

prashant1314
46

Dear,
As your plannig to increase office timings from 9.30am to 07.30pm with 1 hour lunch break.
--->>>> 9.30am to 07.30pm = 10 hours
----->>>> 10 hours - 1 hour ( lunch break ) = 9 hour
If your state S & E act has provison for the spreadover more that 10 hours then you can implement the change. But.......,
Please take into consideration those who are not going for lunch outside so I am sure these people will start grumbling & they will oppose the change if you do not feel any resistance take your call.
In case of query please call.

From India, Pune
venkatesh.n
3

Inform your mgt that 8 hrs is predefined by Lobor Organization, if they are ready to face jurisdiction then u can implement your proposal. Tea breaks are also mandatory.
From India, Vijayawada
rn.pratihari
I agree with Mr. Khola that you first examine the defination of employee under the Act. If your employees are covered under defination, then you have to go by the provisions of Law. If they are not employees as per defination then their working hours will be as per business requirement.
Regards

From India, Bhubaneswar
Dakshina murty
13

Dear
First of all you have to decide under which Law/Act your establishment is covered , is it under Factories, shops and Establishments etc.
Any way, working more than 48 hrs in a week is on wrong side of the law. Any thing more than 48 hours should be compensated by way of OT or ateleast by way of Compensatory off. ( Leave on some other day )
However, it has become a practice for many organizations now -a- days to work late hours in the name of recession or otherwise. Howevr, such organizations are for sure running a risk of being on wrong side of law if some one questions.
As a HR person, you should present the factual legal position before the management, explain them things then leave it to their decision !
B.Dakshina murty

From India, Hyderabad
essprsd
1

ishita,
HO is coming under shops & establishment act and this act varies from state to state. OK..., while coming to timings, as per payment of wages act work timings are 9 hours a day or 48 hrs in a week (average 8 hrs per day) over and above this timings OT has to be paid. (this is law) but the fact is most of the HO/Corp Offices are not following this. Now it is your mngmnt to decide
essprsd

From India, Bhopal
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