HOURS OF EMPLOYMENT REGULATIONS

HUBLAL JAGAN
PROF (PERSONNEL MANAGEMENT
 INTRODUCTION

RAILWAY SERVANTS (HOURS OF

WORK AND PERIOD OF REST)

RULES 2005
(RBE 131/2005)
HOURS OF EMPLOYMENT REGULATION
History
1 The International Labour convention held at
Geneva & Washington in the year
1919&1921
2 chapter VI Indian Railway Act 1989
3 Hours of employment rules 1931.
4 Appointment of Justice Shri G.S. Rajadhksha.
5 HOER 1961
6 Shri N.M. Mabhoy retd CJI Appointed in 1969
7 RLT AWARD wef 1-8-74
-
 The Hours of Employment Regulations were last reviewed
by the Railway Labour Tribunal, 1969, who made
recommendations regarding
 classification of workers,
 weekly hours of rest,
 principles of averaging
 actual duty hours for the purpose of overtime payment,
etc.
 Night allowance
 These recommendations were accepted in toto by
Government.
 1 HOURS OF EMPLOYMENT REGULATIONS

a) Chapter xiv of Indian Railways Act 1989

section 130-136

b) subsidiary instructions
-
.
2 Hours of employment
Railway servant
)
1 at the disposal of employer

ii) doing effective and continuous work

iii) period of in action when present on duty but not doing

physical activity or sustain attention

v) time taken from home or residence for going and coming

does not constitute employment

3. Period of inaction and action

4. Interval

5. Split shift

6 Roster

7 Sustain attention

8 accident- actual or threatened-abnormal

- Long-on :
 a period of duty over 8/10/12 hours in case of
Intensive/ Continuos/ Essentially Intermittent
workers respectively
 Short-off : A period of daily rest which is

 - In case of Intensive workers less than 12 hours in a

roster of six hours duty
 and less than 14 hours in a mixed roster of 6 and 8
hours duty.
 - In case of Continuous workers less than 10
hours.
 - In case of Essentially Intermittent workers less
than 8 hours.
- 7 Split shift means
i) Punctuation of duty by breaks

ii) R S is free to leave his place of work

iii) this period is not part of employment

iv) split not more than 3

v) any break less than ½ hrs is ignored

vi) quarter may be provided with in 0.5km

vii) spread over should be limited to 16hrs

viii) if night is broken it may be 14hrs

 note;spilt shift is not for interval for

rest and meal
 HOER CLASSIFICATION
1 CONTINUOUS

2 ESSENTIALS INTERMITTANT

3 INTENSIVE

4 EXCLUDED
 CONTINUOUS

i) Proceed with forced period of inaction

ii) Doing hard manual labour
iii) take 5 minute rest ,yet his work remain
continuous
 And employment of railway servant is to be
called continuous except when it is declared

excluded , essential intermittent or intensive

Category—ASM , office clerk,

ESSENTIALS INTERMITTANT

i) DAILY DUTY HOURS include aggregate

period of inaction is more than six hours

ii) gets one period of one hours

or 2 period of ½ half an hour

iii) he remains on duty but display either

physical activities or sustained attention

Category– gatekeeper, watchman,

 INTENSIVE

doing Hard manual labour with little or no period of relaxation and

strenuous nature involve continuous concentration

Category– section controller,

Asm at busy station,

telephone operetor
 EXCLUDED

 Staff employed in
1 confidential capacity

2 Railway school teacher imparting technical or

academic education

3 Class iv staff

EXAMPLE – steno,
a) Saloon attendant

b) Care taker of rest house

c) Gatekeeper of C class level crossing

d) Bungalow Peon

e) Matron, sister in charge midwives, Lady health

visitors, Help educator Male, Female, ANM

In edition to above ministry of railway may

specified any railway staff in any department
AS excluded staff.
 PREPARATORY AND COMPLEMENTARY

 standard duty hrs prescribed

 addition to time requires for P&C

 intensive maximum 3 hrs/week

 Continuous maximum 6hrs/week

 essentially intermittent 3 hrs /week

 LIMITATION OF HOURS OF WORK( STATUTORY)
Classification Daily Rostered STAUTORY Weekly Rest
Working hrs Working LIMIT
hour Two week*
including
P&C
Essentially 10/12 * 72 +3 75/ hrs per 24 hours Including Full
intermittent hours week night

Continuous 8 48+6 hours 108 30 hours

Intensive 6 42+3 hours 90 30 hours
RBE 67/16 6 36 40 hours
Excluded - - 24 hours fort night
Running - As par - 4 period not less than 30
Staff (Traffic schedule Consecutive hour.
& Loco
Motive)
‘’ 104/ 90 5 period not less than 22
* If RLY qtr Consecutive hour.
within 0.5
 DAILY REST
 Classification
 Essentiallyintermittent ------- 8 hrs

Continuous -------- 10 hrs

Intensive -------- 12 hrs

Running Staff (Traffic & Loco )
A) at HQ i) duty less than 8 hrs

}16
0r more hrs


B) at out station
i)less than 8 hrs = 2/3 or 6hrs whichever is more

ii)8 hrs or more = 8 hrs

 DUTY ROSTER

a document which shows the hours

that a railway servant expected
 to be on duty every day,
 the daily as well as weekly rest
 and break between spells of duty in a
day besides other necessary
particulars;
 Duty roster
 -MISC PROVISION
1 Compensatory period of rest

2 compensatory off

3 locomotive and traffic running staff

a) away from H Q not more than 3 or 4 days

b) periodic rest at HQ include night in bed

c) at least once in 10 days

 POWER TO MAKE RULES AND
SUPERVISION OF RAILWAY LABOUR
Central Government make rules
A. Prescribed authority for declaration of
classifications and appeal against.
B. Prescribed authority granting exemption
C. Delegation of power
D. Appointment of supervisors of railway labour
E. To inspect railway in order to implement provision
under chapter and rules.
F. Deemed as inspector
POWER TO CLASSIFY THE EMPLOYMENT OF
RAILWAY SERVANT

A) Vested with head of the Railway administration

or Sr. Scale officer during of emergency.

B) Power vested with CPO

C) A copy of declaration shall be sent to Regional

labour commissioner.
APPEAL AGAINST CLASSIFICATION

1) Within 90 days to the Regional labour

commissioner

2) Scrutiny the relevant documents,

3) Joint job analysis

4) After afresh job analysis order for change in

classification

5) Any railway servant or railway administration

can appeal against Decision of R L C
6 Appeal can be made to Secy to Govt. of
India in Ministry of Labour.

7 Who will dispose the appeal after hearing

parties concern.
 SUPERVISORY STAFF

Ministry of labour shall a specified Railway servant or

class of railway servant who shall be supervisory

staff.

a) Railway servant hold position of responsibility

b) Duties mainly of supervisory character

c) Free to adjust this hours of duties or work during

such hours
CRITERIA FOR DETERMINING CLASSIFICATION OF
RAILWAY SERVANTS

Continuous“

a) except those excluded or has been declared to be E I

OR INTENSIVE .

b) There after on basis OF factual job analysis

employment may be classified as intensive, essentially

intermittent.
-
a) Intensive

1. strenuous nature of work tending to cause

mental or physical strain and

2. continuous application of mind to such work

with little or no period of relaxation .

3. Period of Rest, inaction or relaxations less

than 6 hrs more in a cycle of 24 hrs. Or 1 hours

or more in a shift of 8 hrs.

-
c) Essentially intermittent
1. Daily duty hours assume to be 12 hrs. per day.
i) one period of inaction not less than 1 hrs or
ii) two such period of not less than half and hours
each and
iii) Various period of inaction aggregating 50% are
more.
iv) Period of inaction less than 5 minutes ignored.
v) if rly qtrs has been provided within 0.5 km s,
otherwise 10 hrs/day
 OVERTIME
 The overtime allowance is covered by the
meaning of the term “WAGES” under the
Payment of wages Act.

 Railway Board had issued the directives

containing the major guidelines as to the
promptness with which the OTA claims at the
various level should be dealt.
CIRCUMSTANCES UNDER WHICH OVERTIME MAY BE
WORKED

 To avoid serious interference with the ordinary

working of the Railway.

 In case of accident actual or threatened.

 When urgent work is required to be done to the

railway or to the rolling stock.

 In any emergency which could not have been foreseen

or prevented .

 In other case of exceptional pressure of work.

 PRESSURE OF WORK

 Staff detained on duty to work Special trains.

 Staff detained on duty owing to absence of others

, due to sickness, court attendance, departmental
examination, Rest giver not turned up

 Staff detained owing to late running of trains.

 Overstayed of duty or working vice staff

attending joint or other enquiries.
 Due to not turn up Rest giver/Leave Reserve
PRINCIPLE OF AVERAGING AND PAYMENT OF
OVERTIME ALLOWANCE

1. Render extra hours of duty beyond fixed roster

hours.

2. Shall be paid overtime for such extra hours

subject to principle of averaging.

a) to provide a reasonable measure of elasticity

is essential to railway working for certain
railway servant and in apply to
 i) Running Staff ii) )Operating staff

iii) Shift worker

iv) Any Railway servant whose work is connected with above 3

categories.

Overtime to rly employee on daily basis

a) office clerks and class iv staf

b) Gang staff , works staff

c) confidential assistance/ steno

-3) Overtime – Payment of overtime for excess
hours of work.

i) Excess hour of work between the limit of

prescribed roster hours @1 and ½ time s of pay

ii) For the excess hour of work render beyond the

statutory hrs limit payment shall be made two

times of the ordinary rate of pay.

FORMULA FOR HOURLY RATE OF OVERTIME
.
1 Hourly rate for Averaging period

= period of averaging x 1/30 of monthly rate of pay.

No. of roster hrs. in an
averaging period
.
ii) Hourly rate for non Averaging period

= 1 x 1/30 of monthly rate of pay

No. of daily roster hrs.
 OVERTIME PAYMENT

1 Exemption from statutory hrs of work

2 Retrospective effect to overtime consequent upon change

in HOER classification

3 calculation of overtime upon different classification

4 working overtime to be not normal feature

5 Calculation of over time for period for authorise

absence
OVERTIME UNDER DIFFERENT CLASSIFICATION

 : When an Employee classified as ‘C’, ‘EI’ or ‘INT’ works

for a portion of a month in a post classified differently
from his own classification then

 The quantum of the OT should be determined on the

basis of the proportionate hrs of normal work for the
period in question. i.e. the maximum permissible limits
for the proportionate period under each classification.
 OVERTIME CALCULATION
 A worked 60 hrs in first week and 48 hours in second
week how to calculate his extra hours?
 The extra hours will be calculated on their classification
and Rostered hours
Classificatio Rostere Statutor No of hrs Extra Extra
n d hrs y hrs worked hrs hrs
Single Doubl
e

Continuous 96 108 60+48=108 12 -

Continuous 102 108 60+48=108 06 -

Continuous 104 108 60+48=108 04 -

 OVER TIME
 A worked 60 hrs in first week and 60 hours in second week
how to calculate his extra hours?
 The extra hours will be calculated on their classification
and Rostered hours

Classificatio Rostere Statutory No of hrs Extra hrs Extra hrs

n d hrs hrs worked Single Double

Continuous 96 108 60+60=120 12 12

Continuous 102 108 60+60=120 06 12

Continuous 104 108 60+60=120 04 12

-
Example
1 A ,CONT ,employee was on leave for 10 days

2 And worked 40 hrs in two week ie 14 days .

3 Is he entitle for overtime?

HOW TO MINIMISE OVER TIME

 1 Compensatory period of rest

 2 compensatory off

 3 strict movement of rest giver

 4 utilisation of leave reserve

 5 monitoring 0f progressive hrs of running

staff
 10 HRS RULE

1 Apply to running staff only

2 Signing on to signing off

3 Time taken from starting station up to crew

changing including intermediate station

4 Provide relief on 10 hrs except operational

exigencies like accident, flood etc

5 But does not include travelling spare on duty

 CONTINUAL NIGHT DUTY

Night means
i) 22.00 hrs – 6.00 hrs
ii) Continual night duty may be avoided
iii) If not possible, men effected may transferred
after completion of 1 0r 2 year
iv ) running staff normally not exceeded six night
at stretch and at least one break in 10 days
 RESPONSBILITY OF ADMINISTRATION

1 Display of abstract of rules

2 display of roster

3 file of annual return

OVERTIME.pptx

job analysis.pptx
 POWER TO MAKE MODIFICATION IN
SPECIAL CASES

 Where, in the interest of efficient working of the

Railways, there are certain conditions of special
nature necessitating an immediate modification
of any conditions laid down under these rules to
suit local conditions, such modifications which
are not inconsistent with any provisions of
Chapter XIV of the Act, maybe effected with the
prior approval of the Ministry of Railways.
 (2) A copy each of such modification shall be sent
 to the Regional Labour Commissioner concerned.

 (3) If any Railway servant is adversely affected

by any such modification made under sub-rule
(1), hemay prefer an appeal before
the expiry of 90 days from the date of
effecting such modification to the
Ministryof Railways whose decision
thereon shall be final.