Modification of the Working Hours Limit for Factories in Karnataka

Effective May 22, 2020, The Government of Karnataka via notification No. KAE 33 KABANI 2020, has exempted all factories registered under The Factories Act, 1948 (the “Act”) from complying with the provisions relating to weekly and daily hours limit and new conditions apply for a certain time period.

Applicability

The notification is applicable to all the factories within the State of Karnataka. The term factory refers to:

• Any premises including its precincts, where ten or more workers are working (or were working on any day of the preceding twelve months) and in any part of which a manufacturing process is being carried on or is ordinarily so carried on, with the aid of electricity, or
• Where twenty or more workers are working (or were working on any day of the preceding twelve months) and a manufacturing process is being carried on or is ordinarily so carried on without the aid of power.

Applicable Period

The adjustments brought in The Factories Act, 1948 through this notification shall be applicable from May 22, 2020, to 21 August 2020.

Notification Provisions

Sections 51 and 54 of the Factories Act have been amended to bring the change in the number of working hours for workers employed in the factories. The Notification outlines the below guidelines with respect to the working hours and overtime provisions under the Act:

• Daily working hours have been increased from 9 hours to 10 hours;
• Weekly working hours have been increased from 48 hours to 60 hours;
• Overtime wages shall continue to be applicable at twice the normal wages for hours exceeding 9 hours in a day and 48 hours a week.

Gujarat and Punjab Factories regulations also provide similar exemptions.