By Kingshuk Sarkar
In recent times, there are talks in public domain and media in general that India will have a 4-day work week as and when the new labour codes, particularly Code on Wages 2019, come into operation in the very near future.
The Ministry of Labour & Employment in India is exploring the feasibility of a 4-day workweek, with the possibility of longer daily shifts to maintain the 48-hour weekly limit. The contention here is that the Code on Wages 2019 allows for this flexibility, but employees must consent to the reduced work week and longer days, according to a statement from Apurva Chandra, Labour and Employment Ministry Secretary. This means that employees could potentially work 12-hour days, four days a week, to meet the 48-hour weekly requirement.
The Labour Secretary, however, clarified that having a reduced number of working days does not mean a cut in paid holidays. Therefore, when the new rules will provide flexibility of four working days, it would imply three paid holidays.
However, legal provisions as postulated in existing and proposed labour laws do not entertain the possibility of a 4-day work week. Daily work-hour is something that is stipulated in the Code on Wages 2019 and that is an 8 work-hour. Still a perception is being created in public domain that this 8 work-hour would become 12-hour and technically speaking 4-day week becomes feasible given the fact that weekly work hour is restricted to 48 hours.
But this does not stand legal scrutiny. Even though the union labour secretary was quoted widely in the media, Code on Wages 2019 read with the draft Code on Wages (Central) Rules 2020 provisions as available on Ministry’s website, do not entail a 12-hour working day. Let us revisit the relevant provisions.
Daily working hours are provided under Section 13 of the Code on Wages 2019. Section 13(1) reads as follows: “13(1) Where the minimum rates of wages have been fixed under this Code, the appropriate Government may — (a) fix the number of hours of work which shall constitute a normal working day inclusive of one or more specified intervals;”Subsequently, the number of hours of work was fixed under Section 6 of the Draft Code on Wages (Central Rules 2020 published in July 2020 and also available on the Ministry’s website.
Section 6 of the draft Rules 2020 read as below: “Sec 6. Number of hours of work which shall constitute a normal working day — (1) The normal working day under clause (a) of sub-section (1) of section 13 shall be comprised of eight hours of work and one or more intervals of rest which in total shall not exceed one hour.(2) The working day of an employee shall be so arranged that inclusive of the intervals of rest, if any, it shall not spread over more than twelve hours on any day.(4) Nothing in this rule shall be deemed to affect the provisions of the Factories Act, 1948 (63 of 1948).” Section 13(1) of the Code read with Section 6(1), (2) and (4) of the draft Rules clearly implies that actual working hours in a day can not be more than 8 hours. It is another matter that spread-over including rest period and overtime can extend to 12 hours but regular working hours is fixed at 8 hours.
The 12 hour spread-over includes rest hour and overtime. No worker is allowed to work more than five hours without a break of at least half an hour as per the Factories Act 1948. That means that the permissible maximum 12 hour spread over will definitely include at least half an hour rest period.
The contention of 4-day week emerges on the premise that daily working hours would be 12 hours and total working period in 4 days would be, in that case, 48 hours. The Factories Act stipulates 48 hours of working in a week. If 48 work-hour can be reached in 4 days, the remaining three days can be given as paid holiday.
However, setting a daily 12-hour work day is not legally feasible under the Code on Wages and draft Rules framed thereunder. Daily working hours are stipulated at 8-hours only. Spread-over can extend to 12-hours. But the daily work-hour and spread-over are definitely not the same. This confusion is created because the work-hour and spread over was taken to be synonymous, which they are definitely not.
In fact, the daily work-hour and weekly work-hour in the Code on Wages remain as they are in existing laws like Minimum Wages Act, 1948 and the Factories Act. The only change is regarding the spread-over limit. The existing spread over is maximum 10 and ½ hours which is now extended to 12 hours under the new Code. It seems that is what is creating confusion and giving rise to the misperception of a 4-day work week.
Here, it can be mentioned that the daily 8-hour work schedule is something which is universally applied and is regarded as one of the basic labour entitlements. Stretching it to 12-hour work days would violate international standard and is something which is also not provided in the Code on Wages and draft Rules framed thereunder. What is being claimed in the media and public domain in recent times is misleading and legally not tenable. Such information creates unnecessary and avoidable confusions in the minds of all stake-holders. (IPA Service)
Courtesy: The Leaflet
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