25. (1) No worker shall be required or allowed to work, in any establishment or class of
establishments for more than—
(a) such period as may be notified by the appropriate Government;
(b) such hours in a day as may be notified by the appropriate Government
subject to the period specified in clause (a); and
(c) the periods of work in each day shall be so fixed as not to exceed such
hours,with such intervals within such period, as may be notified by the appropriate
Government:
Provided that the period of work of a worker shall be so arranged, as not to
spread over more than such hours as may be notified by the appropriate Government
in any day inclusive of intervals for rest under this sub-section:
Provided further that in the case of mines,—
(i) the persons employed below ground in a mine shall not be allowed to
work for more than such hours as may be notified by the appropriate Government
in any day;
(ii) no work shall be carried on below ground in any mine except by a
system of shifts so arranged that the period of work for each shift is not spread
over more than the daily maximum hours as notified under clause (i);
(iii) no person employed in a mine shall be allowed to be present in any
part of a mine below ground except during the periods of work shown in respect
of him in the register maintained under sub-section (1) of section 33:
Provided also that the hours of work in case of motor transport worker
shall include—
(i) the time spent in work done during the running time of the
transport vehicle;
(ii) the time spent in subsidiary work; and
(iii) periods of mere attendance at terminals of less than fifteen
minutes.
Explanation.—For the purposes of this sub-section—
(a) “running time” in relation to a working day means the time
from the moment a transport vehicle starts functioning at the
beginning of the working day until the moment when the transport
vehicle ceases to function at the end of the working day, excluding
any time during which the running of the transport vehicle is
interrupted for a period exceeding such duration as may be prescribed
by the Central Government during which period the persons who
drive, or perform any other work in connection with the transport
vehicle are free to dispose of their time as they please or are engaged
in subsidiary work;
(b) “subsidiary work” means the work in connection with a
transport vehicle, its passengers or its load which is done outside
the running time of the transport vehicle, including in particular—
(i) the work in connection with accounts, the paying of
cash, the signing of registers, the handing over of service
sheets, the checking of tickets and other similar work;
(ii) taking over and garaging of the transport vehicles;
Weekly and
daily working
hours, leave,
etc.
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(iii) travelling from the place where a person signs on
to the place where he takes over the transport vehicle and
from the place where he leaves the transport vehicle to the
place where he signs off;
(iv) work in connection with the upkeep and repair of
the transport vehicle; and
(v) the loading and unloading of the transport vehicle;
(c) “period of mere attendance” means the period during which
a person remains at his post solely in order to reply to possible calls
or to resume action at the time fixed in the duty schedule.
(2) Notwithstanding anything contained in sub-section (1), the hours of work for
working journalist shall, subject to a maximum of one hundred and forty-four hours of work
during any period of four consecutive weeks and a period of not less than twenty-four
consecutive hours of rest during any period of seven consecutive days, be such as may be
prescribed by the Central Government.
(3) Notwithstanding anything contained in sub-sections (1) and (2), a sales promotion
employee, —
(i) in addition to such holidays, casual leave or other kinds of leave as may be
prescribed by the Central Government, shall be granted, if requested for—
(a) earned leave on full wages for not less than one-eleventh of the period
spent on duty;
(b) leave on medical certificate on one-half of the wages for not less than
one-eighteenth of the period of service;
(ii) may accumulate earned leave upto such maximum limit as may be prescribed
by the Central Government;
(iii) may limit up to which the earned leave may be availed of at a time by him and
the reasons for which such limit may be exceeded, shall be such as may be prescribed
by the Central Government;
(iv) shall,—
(a) when he voluntarily relinquishes his post or retires from service; or
(b) when his services are terminated for any reason whatsoever (not being
termination as punishment),
be entitled to cash compensation, subject to such conditions and restrictions as may be
prescribed by the Central Government (including conditions by way of specifying the
maximum period for which such cash compensation shall be payable), in respect of the
earned leave earned by him and not availed of;
(v) dies while in service, his heirs shall be entitled to cash compensation for the
earned leave earned by him and not availed of;
(vi) or his heirs shall be paid the cash compensation in respect of any period of
earned leave for which he or his heirs, is or are entitled to cash compensation under
clause (iv) or clause (v), as the case may be, shall be an amount equal to the wages due
to such sales promotion employee for such period.
(4) Notwithstanding anything contained in this section the working hours of an
adolescent workers shall be regulated in accordance with the provisions of the Child and
Adolescent Labour (Prohibition and Regulation) Act, 1986.
61 of 1986.
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