Legal And Statutory Compliances For Office Time In India
India is ranked 132nd out of the 183 countries surveyed for business ease level. This low rating is because of the high costs associated with the compliance of almost 70 different rules and regulations for businesses. Whether it is statutory compliance or legal compliance, a structured approach needs to be followed to lead the company towards growth and success. All the statutory requirements need to be fulfilled while keeping track of the continuous changing laws. This is where HR managers come to the rescue. These are the professionals who put in considerable amount of time and efforts in fulfilling these statutory compliances. Therefore, you can approach iDeal HR Service, the most professional Human Resource consultant in Hosur, to provide you with the best services and professionals who can take care of all these requirements within your organization. Listed below are some of the most common legal and statutory requirements related to office timings that you must follow for your employees if your company is situated in India.
As per Section 51 of the Factories Act 1948, the highest limit for the working hours of an employee in an organization is 48 hours a week. Additionally, it also states that no employee can work for more than 9 hours a day, with a continuous period of 5 hours to the maximum, after which he/she is entitled to rest for at least half an hour.
As per Section 59 of the Factories Act 1948, if for some reason, an employee ends up working for more than the working hours he is appointed for, he is entitled to receive wages at the rate of twice his actual wage rate for that period of time.
Day and night shifts
No overlapping shifts are allowed, and the work period of any employee should not exceed ten and a half hours (including the intervals). Moreover, women are restricted to work only between 6 am and 7 pm. In any case, women are not allowed to work between 10 pm and 5 am.
Labour on contract
According to the Contract Labour Act 1970, in case the contractor fails to pay the wages of the contract labourers, it is the Principal Employer who is accountable to pay off, as well as provide health and welfare facilities to them. The Principal Employer is liable to maintain records of the contractors, labour employed, nature of work, and wage rates. Likewise, the contractor is liable for maintaining the muster roll, wages, overtimes, deductions, fines, etc.
As per Section 59 of the Factories Act 1948, if workers are deprived of any weekly holidays, they need to be paid off with compensatory holidays for the same. These holidays will be equal to the number of holidays the employees have lost.
As per the Maternity Benefit Act, if a pregnant woman has worked with her employer for more than 80 days in the 12 months preceding her delivery date, she is entitled to 12 weeks paid maternity leave.
These are just some of the most common legal and statutory requirements. There are many other requirements that organizations need to follow like gratuity, TDS, etc. that HR managers are responsible to take care of.