Bare Act
Chapter III OPENING AND CLOSING HOURS, HOURS OF WORK,
Chapter III OPENING AND CLOSING HOURS, HOURS OF WORK,
11. Opening and closing hours of establishment.
INTERVAL FOR REST, SPREAD-OVER, WAGES FOR OVERTIME AND WEEKLY OFF
Notwithstanding anything contained in this Act, the State Government may, fix, by notification in the Official Gazette, in the public interest, such hours for opening and closing of different classes of establishments and for different premises, shopping complex or mall or for different area or areas and for different period.
Chapter III OPENING AND CLOSING HOURS, HOURS OF WORK,
12. Daily and weekly hours of work in establishment and interval for rest.
Subject to the other provisions of the Act, no adult worker shall be required or allowed to work in any establishment for more than ten hours in any day and forty-eight hours in any week. No adult worker shall be asked to work continuously for more than five hours unless he has been given a break of not less than half an hour: Provided that, the working hours or weekly holiday may be relaxed in case of work of urgent nature with the previous permission of the Facilitator-cum-Inspector.
Chapter III OPENING AND CLOSING HOURS, HOURS OF WORK,
13. Spread-over in establishments.
The spread-over of a worker in establishment shall not exceed twelve hours in any day, and in case a worker entrusted with intermittent nature of work or urgent work, the spread over shall not exceed fourteen hours.
Chapter III OPENING AND CLOSING HOURS, HOURS OF WORK,
14. Wages for overtime.
- (1) Where a worker in any establishment is required to work beyond eight hours in a day excluding the rest time or forty eight hours a week, he shall be entitled in respect of the overtime work, wages at the rate of twice his ordinary rate of wages.
- (2) The total number of overtime hours shall not exceed one hundred and forty-four hours in a period of three months: Provided that in case the worker is required to work upto 10 hours excluding the rest time as normal working day, the overtime at the rate twice his ordinary rate of wages shall apply only when the worker works beyond 48 hours in a week.
Chapter III OPENING AND CLOSING HOURS, HOURS OF WORK,
15. Weekly holiday for worker.
- (1) A department or any section of a department of the
establishment may work in more than one shift at the discretion of the employer and if more than one shift is worked, the worker may be required to work in any shift at the discretion of the employer.
- (2) An establishment may be kept open for business on all days in a week subject to the condition that every worker shall be allowed weekly holiday of at least twenty- four consecutive hours of rest.
- (3) If a worker is denied weekly holiday, the compensatory holiday in lieu thereof shall be given within two months of such weekly holiday.
- (4) The period and hours of work in a week for all classes of workers in such shift shall be informed well in advance to all workers in writing and shall be sent to the Facilitator-cum-Inspector electronically or otherwise.
- (5) Where a worker is required to work on a day of his rest, he shall be entitled to wages at the rate of twice his ordinary rate of wages.
- (6) No deduction shall be made from the wages of any worker in an
establishment on account of any day on which it has been a weekly holiday under this section. If a worker is employed on a daily wage, he shall nonetheless be paid his daily wage for the day of his weekly off. If a worker is paid a piece rated wage, he shall nonetheless be paid his wage for the day of his weekly holiday, at a rate equivalent to the daily average of his wages for the days on which he has actually worked during the six days preceding such holiday, exclusive of any earning in respect of overtime: Provided that, nothing in this sub-section shall apply to any worker whose total period of continuous employment is less than six days.
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