Compliance Requirements under the Rules in Accordance with the Code

1. Daily and weekly working hours for a worker in an establishment in U.P. (Section 25(1), Rule 42)

(1) No worker shall be required or allowed to work in an establishment for more than 48 hours in any week.
(2) The period of work of a worker shall be so arranged that inclusive of his intervals for rest, shall not spread over for more than 12 hours in a day.
(3) The period of works of workers shall not exceed 5 hours and that no worker shall work for more than 5 hours before he has had an interval for rest of atleast half an hour.
(4) The working hours in a day may be modified by the State Government, subject to sub-rules (1), (2) and (3), so that the total number of working hours in a week shall be so fixed and followed.

It is also to be noted that:      

i) The working hours in a day may be modified such that the total number of working hours in a week shall be so fixed and followed
ii) Hours of work for persons working in a mine shall be such as notified by CG in any day. Work to be carried in shifts and spreadover shall be as notified by CG and person to be present in mine only during work.
iii) For motor transport workers, daily limit of 8 hours in a day shall include time spent in work done during the running time of the transport vehicle; time spent in subsidiary work & period of mere attendance at terminals of less than fifteen minutes.

2. Working hours of Adolescent in U.P. (Section 25 (4))

The working hours of an adolescent worker shall be regulated in accordance with the provisions of the Child and Adolescent Labour (Prohibition and Regulation) Act, 1986.

3. Weekly hours of work for an establishment in U.P. (Section 26(1))

No worker shall be allowed to work in an establishment for more than six days in any one week.

Provided that in any motor transport undertaking, an employer may, in order to prevent any dislocation of a motor transport service, require a worker to work on any day of weekly holiday which is not a holiday so arranged that the worker does not work for more than ten days consecutively without a holiday for a whole day intervening.

4. Display of Notice showing weekly day of rest in U.P. (Section 26(2), Rule 43)

There shall be posted up in a conspicuous place outside the office of every establishment a notice showing the weekly day of rest. Where the weekly day of rest is not the same day for all persons employed in the establishment, the notice shall show the day of rest allowed to each relay, or set of persons or individual.

5. Compensatory holidays & display of Notice for factories in U.P. (Section 26(3), Rule 44)

Compensatory holidays, except for continuous technical work, must be spaced with no more than two per week. Managers must display notices by month-end, with changes at least 3 days prior. All due holidays must be granted before discharge or dismissal and not count toward notice.

It is to be noted that:

1. 1. Except for workers engaged in technically continuous work, compensatory holidays must be spaced so that no more than two are given in a week.
   2. The factory manager must display a notice, before the end of the month in which holidays are lost, listing workers granted compensatory holidays in the following month, along with dates, at the site where work period notices are displayed. Any changes must be made at least 3 days before the revised holiday date.
   3. Compensatory holidays due must be granted before a worker is discharged or dismissed and cannot count toward the notice period.
   4. U/s 26(3), if a worker misses weekly holidays, they must receive equal compensatory holidays within the same month or within the next two months.

6. Restriction on Double Employment in Factories/mines in U.P. (Section 30, Rule 46)

A worker who is appointed as a part time worker in a factory may be allowed to work in another establishment in any category of work notified by the State Government subject to the following conditions, namely-
(a) A separate attendance register shall be maintained. Pro-rata basis leave and other amenities shall be provided.
(b) One employer shall have name and address of other employer where he works as part time worker.
(c) Separate working days for the person shall be fixed for both the establishments.
(d) Provisions of the Code and Rule related to working hours, spread hours, weekly holiday and overtime shall remain applicable:
Provided that total working hours shall not exceed twelve hours and spread over of work shall not exceed sixteen hours:
Provided further that the State Government may, by notification, add any category of worker and conditions of double employment.

7. Night Shifts in U.P. (Section 28)

Where a worker in an establishment works on a shift which extends beyond midnight,—
(a) for the purposes of section 26, a weekly holiday for a whole day shall mean in his case a period of twenty-four consecutive hours beginning when his shift ends;
(b) the following day for him shall be deemed to be the period of twenty-four hours beginning when such shift ends, and the hours he has worked after midnight shall be counted in the previous day.

8. Prohibition of overlapping shifts (Section 29)

The work shall not be carried on in any establishment by means of a system of shifts so arranged that more than one relay of workers is engaged in work of the same kind at the same time.

It is to be noted that:

1. 1. The provision shall not apply to mines
   2. Appropriate authority may exempt, any establishment or class of establishments or any department or section of an establishment or any category or description of workers from the provision of this Section

9. Form XIV: Notice of period of work for adult workers in U.P. (Section 31, Rule 47)

(1) Workers working in a shift system shall be rotated suitably. The period of work of workers operating in a single shift shall also be fixed. Such periods of work shall be notified to Inspector-cum-Facilitator electronically or otherwise.
(2) Notice of period of work for the adult workers shall be in Form-XIV in accordance with the provisions of the Code and Rules and it shall be displayed at conspicuous place in the establishment at or near the main entrance and such notice shall be intimated to concerned Inspector-cum-Facilitator electronically. It shall also be kept updated under the provisions of Section 31.
(3) Such notice as mentioned in sub-rule (2) shall clearly indicate for every day, the period during which an adult employee may be required to work.
(4) No person shall be allowed to work in an establishment otherwise than in accordance with sub rule(2):
Provided that if a person or persons are working on over time, the period of such hour and such employee shall be displayed duly signed by manager at a conspicuous place.

10. Annual leave with wages, etc in U.P. (Section 32)

Every worker employed in an establishment shall be entitled for leave in a calendar year with wages subject to the condition that worker must have worked for 180 days or more in calendar year (incl. periods of layoff, maternity/ annual leave, but no leave is earned for these periods) & entitlement is 1 day of leave for every 20 days of work for adult & 1 day for every 15 days for adolescent/worker employed below ground in mine.

Other Conditions to be met are:

1. 1. Holidays are excluded from period of leave taken
   2. A worker whose service begins after January 1st is entitled to leave with wages as specified if they have worked for 1/4th of total days in remainder of calendar year
   3. If a worker is discharged/dismissed/quits/retires/dies during calendar year, they or their heir/nominee are entitled to wages for leave they were eligible for before event, even if they haven’t met required work period. Payment must be made within 2 working days if worker is discharged, dismissed, or quits, and within two months if worker retires or dies. Such a worker is entitled to encashment of leave at the end of calendar year
   4. If a worker doesn’t use all leave in a calendar year, unused leave will be carried over to next year, with max. 30 days. If a worker’s leave request is denied, they can carry forward refused leave without any limit. If total carried-over leave exceeds 30 days, worker can encash the excess leave

11. Extra wages for overtime in establishments in U.P. (Rule 45 (6), (7) & (8))

Workers exceeding 8 hours/day or 48 hours/week must be paid overtime at twice their ordinary wage. Ordinary wage includes basic pay and allowances but excludes bonuses. For piece-rate workers, overtime pay is based on average earnings from the prior month or week.

1. 1. Total number of hours of work in any day shall not exceed 10 hours.
   2. Total number of hours of work in any week including overtime shall not exceed 60.
   3. Total number of hours of overtime shall not exceed 115 for any quarter.