Bringing in sync

The legislature has been aiming for systematic daily working hours/spread-overs for a long time. While the identified issue is important and relevant, what needs to be precisely cured in India is the lack of productivity along with disparity. Though some individuals may need to have fewer working hours to avoid fatigue, others need to have their working hours regulated.

A gross disparity exists where, on one hand, contract laborers, casual/temporary workers, and daily wage earners slog for far more hours than stipulated, earning the lowe Shops and Establishments Act st wages. On the other hand, permanent employees in government, public sector undertakings, and even private sector multinationals, corporates, blue chips, conglomerates, and continentals perform similar work but receive high salaries, generous perks, and have fewer working hours. In fact, in some cases, working hours are even less than the eight/nine hours prescribed under the Shops and Establishments Act. Candidly speaking, companies and the government have had to resort to contract labour due to the extreme non-performance and fewer working hours of permanent employees.

One size does not fit all. Some state-level agencies recommend increasing working hours, which may be considered for administrative and high-end jobs. In reality, the prescribed 48 hours of weekly work as per the Shops and Establishments Act is usually not followed by private companies. Making employees work beyond the prescribed limits requires payment of overtime, which is twice the rate of wages (unless exemptions are provided). Such payments make it expensive for employers. In this regard, companies need to be provided with more flexibility, especially now that we have an augmented work-from-home culture. However, for workers operating heavy machinery, it is suggested that working hours or spread-overs, including hours for lunch and tea breaks, be made more convenient instead of increasing them since these jobs are strenuous and continuous in nature. The same goes for construction, mining, and plantation work, which take a heavy toll on the body. Moreover, any increase in working hours would discourage women's employment. It should be noted that time spent by employees traveling is not included in working hours.

While the intention of the administration is clear and unequivocal, stating that it does not want workers to exceed the stipulated hours of work in a week, practical execution often involves the misuse of laws, especially in remote areas, by middlemen such as contractors and service providers. The worst-case scenarios occur in the factory and construction sectors in distant, isolated areas, which require thorough monitoring. Such middle agents should be dealt with strictly, including the cancellation of licenses and prosecution.

Possibilities of making extra hours more lucrative and entirely optional, based on the will of the worker, could be explored in jobs involving lighter manufacturing tasks. Another important need is the strict implementation of laws, including the use of website-based proofs. While there is no shortage of laws, what we lack is proper execution, transparency, and accountability, especially in remote areas.

The accurate requirement is to synchronize working schedules for various categories of employees based on the nature of their duties and industries/sectors. Additionally, there is an urgent need for more online-based compliances. Furthermore, to make India progressive and proficient in providing world-class services, we should add extra responsibilities for certain services and employee categories, especially in the government sector. Therefore, appointment procedures should focus on better skills, training, and qualifications.

When foreign companies invest in India, the first and foremost consideration is ethics and, most importantly, viability. If we can make our systems viable, we can definitely attract more foreign investments. What we essentially need is harmonization and balance between various segments of the economy, both in terms of employees and types of employment. With the legislature now exploring various options and giving serious consideration to such laws, India's relationships with foreign entities can flourish with appropriate provisions and, most importantly, effective implementation.

The writer is a practising Advocate in Supreme Court and High Court of Delhi. Views expressed are personal