Section 13 of The Code on Wages, 2019
Fixing hours of work for normal working day.
- (1)Where the minimum rates of wages have been fixed under this Code, the appropriate Government may--
- (a)fix the number of hours of work which shall constitute a normal working day inclusive of one or more specified intervals;
- (b)provide for a day of rest in every period of seven days which shall be allowed to all employees or to any specified class of employees and for the payment of remuneration in respect of such days of rest;
- (c)provide for payment for work on a day of rest at a rate not less than the overtime rate.
- (2)The provisions of sub-section (1) shall, in relation to the following classes of employees apply, only to such extent and subject to such conditions as may be prescribed, namely:--
- (a)employees engaged in any emergency which could not have been foreseen or prevented;
- (b)employees engaged in work of the nature of preparatory or complementary work which must necessarily be carried on outside the limits laid down for the general working in the employment concerned;
- (c)employees whose employment is essentially intermittent;
- (d)employees engaged in any work which for technical reasons has to be completed before the duty is over; and
- (e)employees engaged in a work which could not be carried on except at times dependent on the irregular action of natural forces.
- (3)For the purposes of clause (c) of sub-section (2), employment of an employee is essentially intermittent when it is declared to be so by the appropriate Government on the ground that the daily hours of duty of the employee, or if there be no daily hours of duty as such for the employee, the hours of duty normally include periods of inaction during which the employee may be on duty but is not called upon to display either physical activity or sustained attention.
Summary
- The government has the power to decide how many hours make up a standard work day, including meal and rest breaks.
- All employees must be given at least one day of rest for every seven days they work.
- Workers must be paid for their weekly day of rest.
- If an employee is required to work on their day of rest, they must be paid at a rate that is at least as high as the overtime rate.
- Special groups, like emergency workers or those doing technical tasks that can't be stopped, may have different rules as determined by the government.
Practical examples
FAQ
1. Does the 2019 Wage Code require a weekly holiday?
Yes, Section 13 of The Code on Wages, 2019, allows the government to provide for a day of rest in every period of seven days for all employees.
2. How much extra do I get for working on a Sunday under Section 13?
Under Section 13 of The Code on Wages, 2019, work on a day of rest must be paid at a rate "not less than the overtime rate".
3. What counts as "essentially intermittent" work in the 2019 Wage Code?
Under Section 13 (3), it means work that includes periods of inaction where the worker is on duty but doesn't need to be physically active or give sustained attention.
4. Can an employer ignore these rules during an emergency?
Section 13 (2) of The Code on Wages, 2019, allows the government to set different rules for employees engaged in unforeseen emergencies.
Test yourself
1.Under Section 13 of The Code on Wages, 2019, what is the minimum pay rate for working on a designated rest day?
2.According to Section 13 of the 2019 Wage Code, how often must a day of rest be provided?
3.Which class of employees might be exempt from the standard hours under Section 13 (2) of The Code on Wages, 2019?
4.What defines "essentially intermittent" employment under Section 13 (3) of the 2019 Wage Code?