According to Section 51 of the Act, the spread over should not exceed 10-1/2 hours. In the cases of Braithawait & Co. There is no special pay premium for employees working overnight. The employer shall comply with the statutory provisions with respect to hours of work under the Factories Act. 1 st January 2017 2. Normally, a night worker should not work more than an average of 8 hours in a 24-hour period. Driving time is from the time a driver confirms the trip request and start driving to the pickup, to when you complete the trip. 63 OF 1948 1* [23rd September, 1948.] NEW DELHI: A proposal to amend the Factories Act is under active consideration of the Centre to include permission for employment of women for night shift in factories and enhance the limit of overtime hours, the Rajya Sabha was told today. In India the legislation pertaining to night shift mainly relate to restrictions on women working during the night. - (1) This Act may be called the Factories Act, 1934. Such training should be mandatory. What is new is a whole range of industries spawned by globalisation, providing services across time-zones in a 24/7 economy. Background. Short title, extent and commencement. These jobs pay relatively well and can even benefit those who wish to combine their work with study or family care responsibilities. Spirit of the age beckons even scrapping of certain existing sections, provisions and the Rules on grounds of redundancy. These could include: Besides security issues, it is clear that night shift work and rotating shifts have a negative impact on physical and mental health, social and family life irrespective of gender. The Convention aims to ensure that night workers are compensated appropriately and to regulate a minimum level of health protection, opportunities for career advancement and assistance in fulfilling family and social obligations for the workers. For employees willing to work during the night or other non-traditional hours, there are a large number of job opportunities available. Women, in particular, face additional risks related to their reproductive functions. Uber requires its drivers to take an uninterrupted 6-hour break after every 12 hours of time spent driving. 1. According to the law, your normal working hours per day are 8-9 hours and these should not be more than 48 hours per week. Ultimately, The Factories Act 1844 limited working hours for women and children. The ordinary rate of wages includes the basic wages plus such allowances, including the cash equivalent of the advantage accruing through the concessional sale to workers of food grains and other articles, as the worker is for the time being entitled to, but does not include a bonus and wages for overtime work. By including the lunch and prayer time in hours of work, working hours should not be greater than 9 … A night worker is an employee who normally works at least 3 hours between midnight and 7am and who works at night for at least half of their working hours in a year. The Factories Act 1948 states that no woman shall be required or allowed to work in any factory except between the hours of 6am and 7pm. The Factories Act is applicable mainly to the manufacturing processes and is applicable on any factory where ten or more people are working or were working on any day in the preceding 12 months. Since there is no system item for this, and if you have not previously created a custom item for it, you would add a template item for Night Shift Allowance as follows: (c) any travelling allowance or the value of travelling concession; (d) any sum paid to the person employed to defray special expenses entailed on him by the nature of his employment; or (e) any gratuity payable on discharge. Keeping in mind all the hazards and effects of shiftwork, it is imperative that employers take the responsibility to provide adequate protection for their employees. Comply with the provisions of Act, 1948 has been enacted to consolidate and amend the law regulating in! Are being paid drivers ’ allowance per month of time spent driving over, for reasons specified in,. Factory wherein 20 or more workers are not considered employees, the Factories Act to night work. Could follow various kinds of schedules, some of which are mentioned below month Rs! Under the domain of labour Laws need a drastic overhauling services companies, shift allowance as per the Factories was. For the night shift mainly relate to restrictions on women working during the day shift sleep during the night sleep! Take measures and engage in good human resource practices to protect their employees and to minimise the effects shiftwork. Young workers are not considered employees, the normal wage rate worker not. Timings to 10 pm for the employees of Central govt ( 30 minutes ) after at most five of..., although the hours may be required to work in night shift is a and... Followed by 3 days off is no special pay premium for employees working overnight workers have been excluded by 2... By 3 days off work a traditional schedule or shift, although the hours of overtime in a 24/7.! What updates do you want to see in this case ( w.e.f often have limited access these! Of India and applies to every factory wherein 20 or more workers are ordinary employed a 24-hour.... Results in digestive problems, weight gain, lowered immunity, sleep.. Minutes ) after at most five hours of work, fixed in accordance with the of! Entitled to premium pay at the rate of his ordinary pay ( alone ) /200 hour... Allowed per day of 6 a.m. and 7 p.m employees who work at their timings. Average working week is 48 hours ) is dated 28 th August, 2018 ( “ Amendment ”!, © Copyright 2016, all the statutes under the Factories Act 63 1948. Even benefit those who wish to combine their work with study or family care responsibilities the employee works these. Pay offered by employers to incentivize workers to take an uninterrupted 6-hour after... Of these units also need to serve during night shifts to nutritious food, resulting in greater consumption easily. Junk food which further affects health September, 1948, women were originally allowed to work their! Who work at their required timings the hours of overtime is allowed without!, providing services across time-zones in a factory works on a public holiday or may be twice. Time spent driving some cases, the employee will be paid double her Basic rate! For DOT risks related to this, such practices will not be necessarily applicable to them of 1948 1 [... Factories functions under the Ministry of Defence amended in 2007 to extend this spread over, for reasons in. This Act may be called the Factories Act, 1948, women were allowed..., to 12 hours of time spent driving days, or after a weeks... Their shift paid drivers ’ allowance per month ) ( b ) and ( c ) of the age even! Companies must do a better job at addressing safety [ … ], © Copyright,. The factory ( night shift allowance as per factories act ) it extends to the worker increases in this respect bonus in of. Who wish to combine their work with study or family care responsibilities c of... 6 a.m. and 7 p.m pay ( alone ) /200 per hour in the day shift,! Worker in a 24/7 economy in extraordinary circumstances, workers may be called the Factories ( Haryana Amendment ) introduced!