New Labour Law: Daily 12 hours duty, 4 days off weekly

New Labour Law: The idea of a 12-hour workday with a 4-day workweek is a significant part of India’s proposed new Labour Codes, but it’s important to understand the nuances and current status. New Labour Law: Daily 12 hours duty, 4 days off weekly.

The new codes introduce the flexibility for employers to implement a 12-hour workday, which could then allow for a 4-day workweek while still adhering to the 48-hour weekly limit. This means if an employee works 12 hours a day, they would work for 4 days (4 x 12 = 48 hours) and get 3 days off.

New Labour Law: Daily 12 hours duty, 4 days off weekly
Image credit to original source

Key Points of the Proposed Labour Codes:

Consolidation of Laws: The Indian government has consolidated 29 existing labour laws into four comprehensive codes:

The Code on Wages, 2019

The Industrial Relations Code, 2020

The Code on Social Security, 2020

The Occupational Safety, Health and Working Conditions Code (OSH) Code, 2020

Weekly Working Hours Cap Remains 48: The core principle is that the maximum weekly working hours remain capped at 48 hours. This 4-day workweek structure is not mandatory but an option that companies can adopt if both employers and employees agree. It’s intended to offer flexibility.

The new codes also increase the maximum overtime hours allowed in a quarter from 50 to 125 hours. Overtime must be compensated at twice the normal wage. Even with 12-hour shifts, workers are entitled to mandatory rest breaks. For instance, a 30-minute break after 6 hours of continuous work.

New Labour Law: Daily 12 hours duty, 4 days off weekly
Image credit to original source

Impact on Take-Home Salary and Social Security: The new codes also mandate that at least 50% of an employee’s Cost to Company (CTC) must be basic salary. While this might slightly reduce the immediate take-home pay for some, it is intended to increase contributions to Provident Fund (PF) and gratuity, thereby enhancing long-term social security benefits.

Women in Night Shifts: The new codes also include provisions to allow women to work night shifts with their consent, provided necessary safety and transport facilities are ensured by the employer.

Current Status and Implementation:

Yet to be fully implemented nationally: While the four Labour Codes have been passed by Parliament, they are yet to be fully implemented across the country. The central government has urged states to frame their rules under these codes, as labour is a concurrent subject.

State-level Progress: As of now, several states have drafted their rules under the new labour codes, but nationwide enforcement is still pending.

Opposition and Concerns: The proposed changes have faced some opposition from trade unions and worker organizations who express concerns about potential exploitation, increased fatigue, and the impact on work-life balance due to longer daily hours, even with more days off. For example, the Karnataka government’s proposal to extend daily working hours to 12 in sectors like IT has met with resistance.

Focus on “Ease of Doing Business”: The government’s stated aim behind these reforms is to simplify labour laws, enhance “ease of doing business,” attract investment, and improve worker welfare.

In essence, the new labour laws aim to modernize the Indian labour landscape by providing flexibility in working hours while maintaining the weekly cap, and also streamlining social security benefits and working conditions. However, their full implementation and long-term impact are still unfolding.

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