CHAPTER: IX WORKING HOURS AND LEAVE

CHAPTER: IX

                                     WORKING HOURS AND LEAVE

100. Daily hours: No adult worker shall ordinarily be
required or allowed to work in an establishment for more than
eight hours in any day:

Provided that, subject to the provisions of section 108, any such worker may work in an establishment not exceeding ten hours in any day.

101.  Interval for rest or meal: Any worker in any
establishment shall not be liable to work either-

(a)      for more than six hours in any day unless he has been
allowed an interval of at least one hour during that
day for rest or meal;

(b)     for more than five hours in any one day unless he has
been allowed an interval of at least half an hour
during that day for rest or meal; or

(c)      for more than eight hours unless he has had an
interval under clause (a) or two such intervals under
clause (b) during that day for rest or meal.

102.       Weekly hours : (1) No adult worker shall ordinarily be
required or allowed to work in an establishment for more than
forty-eight hours in any week.

(2) Subject to the provisions of section 108, an adult, worker may work for more than forty-eight hours in a week:

Provided that the total hours of work of an adult worker shall not exceed sixty hours in any week and on the average fifty-six hours per week in any year :

Provided further that in the case of a worker employed in an establishment which is a road transport service, the total hours or overtime work in any year shall not exceed one hundred and fifty hours.

Provided further that the Government, if satisfied that in public interest or in the interest of economic development such exemption or relaxation is necessary, in certain industries, by order in writing under specific terms and conditions, may relax the provision of this section or exempt, for a maximum period of six months, from the provision of this section at a time.

103.      Weekly holiday : An adult worker employed in an
establishment-
a) which is a shop or commercial establishment, or industrial establishment, shall be allowed in each week one and half days holidays and in factory and establishment one day in a week;

(b) which is a road transport service, shall be allowed in each week one day's holiday of twenty four consecutive hours; and no deduction on account of such holidays shall be made from the wages of any such worker.

104.  Compensatory weekly holiday : Where, as a result of the
passing of an order or the making of a rule under the provisions
of this Act exempting an establishment or the workers therein
from the provisions of section 103, a worker is deprived of any of
the weekly holidays provided for in that section, he shall be
allowed,   as  soon  as  circumstances  permit,   compensatory
holidays, of equal number of the holidays so deprived of.

105.Spread over : The periods of work of an adult worker in
an establishment shall be so arranged that, inclusive of his
interval for rest or meal under section 101, it shall not spread
over more than eleven hours, and subject to such conditions as be
may imposed by the Government, either generally or in the case
of any particular establishment.

106.      Night Shift: Where, an adult worker in an establishment
works on a shift which extends beyond midnight:

(a)    for the purposes of section 103 a holiday for a whole
day shall mean in his case a period of twenty-four
consecutive hours beginning from the end of his shift;
and

(b)    the following day for him shall be deemed to be period
of twenty-four consecutive hours beginning from-the
end of this shift and the hours he has worked, after
midnight shall be counted towards the previous day.

107. Restriction on cumulative hours of work on a vehicle : No

worker shall work or be allowed to work on a vehicle or two or more vehicles in excess of the period during which he may be lawfully employed under this Act.

108. Extra-allowance for overtime : (1) Where a worker works
in an establishment on any day or week for more than the hours
fixed under this Act, he shall, in respect of overtime work, be
entitled to allowance at the rate of twice his ordinary rate of basic
wage and dearness allowance and ad-hoc or interim pay, if any.

(2)  Where any worker in an establishment are paid on a piece
rate basis the employer, in consultation with the representatives
of the workers, may, for the purposes of this section, fix time
rates as nearly as possible equivalent to the average rates of
earnings of those workers, and the rates so fixed shall be deemed
to be the ordinary rates of wages of those workers.

(3)  The Government may prescribe registers to be maintained
in an establishment for the purpose of securing compliance with
the provisions of this section.

109.    Limitation of hours of work for women : No women shall,
without her consent, be allowed to work in an establishment
between the hours of 10.00 p.m. and 6.00 a.m.

110.    Restriction on double employment : No adult worker
shall be employed or allowed to be employed for work in more
than one establishment on any day, except on permission in
writing from the Chief Inspector on such terms and conditions as
he may impose.

111.    Notice of periods of work for adults and preparation
thereof : (1) There shall be displayed and correctly maintained in
every establishment in accordance with he provisions of section
337, a notice of periods of work for adult workers showing clearly
the periods which adult workers may be required to work.

(2) The periods shown in the notice shall be fixed beforehand
in accordance with the provisions of this section and shall be
such that workers working during such periods would not be
working in contravention of the provisions of sections, 100, 101,
102, 103 and 105.

(3) Where all the adult workers in an establishment are
required to work during the same period, the employer, shall fix
those periods generally.

(4) Where all the adult workers in an establishment are not
required to work during the same periods, the employer, shall
classify them into groups according to the nature of their work,
and indicate the number of workers in each group.

(5) For each group which is not required to work on a system
of shifts, the employer shall fix the period during which the group
may be required to work.

(6) Where any group is required to work on a system of shifts,
and the relays are not on a undetermined periodical changes, the
employer shall fix the periods during which each relay of the
group may be required to work.

(7) Where any group is to work on a system of shifts and the
relays  are or are intended to be subject to predetermined
periodical changes of shifts, the employer, shall draw up a
scheme of shifts, where under the periods during which any relay
of the group may be required to work on the relay which will be
working at any time of the day shall be known for any day.

(8)    A copy of the notice shall be sent in duplicate to the
Inspector before the day on which an establishment begins work,
for approval of the periods of work by the Inspector.

(9)    The Inspector shall return a copy of the notice to the
employer within one week of its receipt, indicating modifications
if  any;   the   employer   shall   immediately  comply with   the
modifications, if made and shall preserve the approval in the
records of the establishment.

(10) Any proposed change in the system of work in an
establishment which will necessitate a change in the notice shall
be notified to the Inspector in duplicate before the change is made,
and, except with the previous sanction of the Inspector, no such
change shall be made.

(11)        An employer may refuse to employ a worker for any day if
on that day he turns up for work more than half an hour after the
time fixed for the commencement of the days work.

112.      Special age limit for Road Transport Service worker : (1)

No person shall be employed as driver, in an establishment which is a road transport service unless he has attained the age of twenty one years.

(2) No person shall be employed in an establishment which is a road transport service in any other post unless he has attained the age of eighteen years.

113.      Hours of work to correspond with notice and register : No

adult worker shall be required or allowed to work otherwise than in accordance with the notice under section 111(1) and the entries made beforehand against his name in the register maintained under section 9.

114. Closure of shops, etc. (1) Every establishment which is shop or commercial or industrial establishment shall remain entirely closed for at least one and a half day in each week.

(2) The one and half day on which establishments shall
remain entirely closed, shall be fixed for each area by the Chief
Inspector.

Provided that the Chief Inspector may, from time to time, refix such day for each area in the public interest.

(3) No shop shall on any day remain open after the hours of
8.00 o'clock post meridiem:

Provided that any customer who was being or was waiting in the shop to be served at such hour, may be served during the period of thirty minutes immediately following such hour :

(4) The Government may, on consideration of special
circumstances, alter, by notifications in the official Gazette, the
closing hours of shops in any area in any season on such
conditions as may be imposed.

(5) The provisions of this section shall not apply to-

a) docks, wharves or stations and terminal offices of transport services including airports;

(b) shops dealing mainly in any vegetable, meat, fish, dairy products, bread, pasties, sweetmeats and flowers;

(c  shops    dealing   mainly   in   medicines,    surgical appliances, bandages or other medical requisites;

(d) shops dealing in articles required for funerals, burials or cremation;

(e)      shops dealing mainly in tobacco, cigars, cigarettes,
biris,   pan,   liquid   refreshments,   newspapers   or
periodicals   sold   retail   for   consumption   in   the
premises, ice;

(f)        petrol pumps for the retail sale of the petrol and
automobile   service   stations   not   being   repair
workshops;

(g)      barbars’ and hair dressers’ shops;

(h) any system of public conservancy or sanitation;

(i)   any industry, business or undertaking which supplies power, light or water to the public;

(j)   clubs, hotels, restaurants, catering houses cinemas or theatres:

Provided that where several trades or business are carried on in the same shop or commercial establishment and, the majority of them, by their nature, are eligible to exemption under this section, the exemption will apply to the entire shop or commercial establishment:

Provided further that the Chief Inspector may, by a general or special order, published in the official Gazette, fix the opening or closing hours for any of the foregoing establishments or class of establishment.

115. Casual Ieave : Every worker shall be entitled to casual
leave the full wages for ten days in a calendar year, and such leave
shall not be accumulated and carried forward to the succeeding
year :

Provided that nothing in this section shall apply to a worker employed in a tea plantation.

116. Sick leave : (1) Every worker other than a newspaper
worker, shall be entitled to sick leave with full wages for fourteen
days in a calendar year.

(2)  Every newspaper worker shall be entitled to sick leave with
half wages for not less than one-eighteenth of the period of
services.

(3)  No such leave shall be allowed unless a registered medical
practitioner appointed by the employer or, if no such medical
practitioner is appointed by the employer, any other registered
medical practitioner, after examination, certifies that the worker
is ill and requires sick leave for cure or treatment for such period
as may be specified by him.

(4) Such leave shall not be accumulated and carried forward to the succeeding year.

117. Annual leave with wages : (1) Every adult worker, who has completed one year of continuous service in an establishment, shall be allowed during the subsequent period of twelve months leave with wages for a number of days calculated at the rate of one day-

a) in the case  of shop or commercial or industrial establishment or factory or road transport service, for every eighteen days of work;

(b)     in the case of tea plantation, for every twenty two days
of work;

(c)      in the case of a newspaper worker, for every eleven
days of work. Performed by him during the previous
period of twelve months.

(2)     Every worker, who is not an adult, who has completed one
year of continuous service in an establishment, shall be allowed
during the subsequent period of twelve months leave with wages
for a number of days calculated at the rate of one day-
a) in the case of factory, for every fifteen days of work;

(b)     in the case of a tea plantation, for every eighteen days of work;

(c)      in the case of a shop or commercial or industrial establishment,   for  every  fourteen  days   of work performed by him during the previous period of twelve months.

(3)   A period of leave allowed under this section shall be
inclusive of any holiday which may occur during such period.

(4)   If a worker does not, in any period of twelve months, take
the leave to which he is entitled under sub-section (1) or (2), either
in whole or in part, any such leave not taken by him shall be
added to the leave to be allowed to him, in the succeeding period of
twelve months.

(5)     Notwithstanding anything*contained in sub-section (4), an
adult worker shall cease to earn any leave under this section,
when the earned leave due to him amounts to­
a) in the case factory or road transport service, forty days;   .

(b) in the case of a tea plantation or shop or commercial or industrial establishment, sixty days;

(6) Notwithstanding anything contained in sub-section (4) an
adolescent worker shall cease to earn any leave under this section, when the earned leave

(a)     in the case of a factory or tea plantation, sixty days;

(b)    in the case of a shop or commercial or industrial establishment, eighty days :

(7) Any leave applied for by a worker but refused by the
employer for any reason, shall be added to the credit of such
worker beyond the aforesaid limit mentioned in sub-section (5)
and (6).

(8)     For the purpose of this section a worker shall be deemed to
have   completed   a   period   of   continuous   service   in   an
establishment  notwithstanding  any interruption  in  service
during that period due to­
la) any holiday;

(b)     any leave with wages;

(c)       any leave with or without wages due to sickness or
accident;

(d)     any maternity leave not exceeding sixteen weeks;

(e)       any period of lay-off;

(f)         a strike which is legal or a lock-out which is not
illegal.

118.      Festival holidays : (1) Every worker shall be allowed in a
calendar year eleven days of paid festival holidays.

(2) The days and dates for such festivals shall be fixed by the
employer in such manner as may be prescribed.

(3) A worker may be required to work on any festival holiday,
but two days' additional compensatory holidays with full pay and
a substitute holiday shall be provided for him in accordance with
the provisions of section 103.              .

119.       Calculation of wages and payment during leave or
holiday period: (1) For the leave or holidays allowed to a worker
under the provisions of this Act, he shall be paid at the rate equal
to the daily average of his full time wages including dearness
allowances, and ad-hoc or interim pay, if any, for the days on
which he worked during the month immediately preceding this
leave but excluding any overtime allowance and bonus:

Provided- that if a worker in any establishment is entitled to cash equivalent of any advantage accruing from the supply of food grains, it shall be included in his wages.

(2) A worker who has been allowed annual leave for a period of not less than four days in the case of an adult and five days in the case of an adolescent, at any time, shall, in so far as it is practicable, be paid his wages for the period of the leave so allowed, before his leave begins.