HOER EMPLOYMENT & REGULATION

HO E R E M P L O Y M E N T & R E G U L A T I O N-1931

1. Hours of employment & regulation: Chapter VI-A of the I.R. Act. 1890 amended time to time, The Rly. servant (Hours of employment) Rule 1931 made there under and the subsidiary instruction commonly referred to as Hours of Employment Regulation. Amended in the year 1961 on the report submitted by Justice G.S.Rajdhyaksha ICS, Adjudicator, and later Shri. N.M.Miyabhoy, Retd. Chief Justice High Court Gujarat was appointed as Chairman of R.L.T 1969 & the recommendation was implemented from 1.08.1974 Latest Amended in the year 2005 as Hours of work & Period of Rest -2005

Definition

2. Hours of Employment: Time during which an employee is roistered for duty. It also included period if in-action but does not included interval and time taken by an employee in going to and coming from his residence or vice versa.
3. Duty Roster: It is a document which above the duration of hours of employment and period of rest of the employee.
4. Periodic Rest: The rest which is granted to Rly. servant each week periodically. It does not include permission to leave head quarter station.
5. Interval/Split shift: Period between two or more spells of duty during which an employee is free to leave his post/place of work.
6. Period of inaction: Period of time during which the employee must remain present on duty at the place of work although not exercising physical activity or sustained attention.
7. Long on: Period of duty over 8 hrs. in the case of “Intensive” workers, over 10 hrs. in the case of continuous workers and over 12 hrs. in the case of “Essentially Intermittent” workers.
8. Short off: Period of rest which is less than 12 hrs. in a Roster of 6 hrs. duty, less than 14 hrs. in a mixed roster of 6 hrs & 8 hrs. duty in case of “Intensive” workers, less than 10 hrs. in case of “Continuous” worker and less than 8 hrs. in case of “E.I.” workers.            [RB No. E (Adj) 48 (HER) 6, dated 09.04.51]
9. Full night in bed: A person will be said to have had a full night in bed, if he has get a continuous rest of 8 hrs. Between 10 PM to 6 AM (22 hrs. 6 hrs.). Any part of roster hrs. of duty which falls between the hrs. of 10 pm to 6 am, shall be treated as night duty.           [RB No. E (Adj) 48 (HER) 6, dated 23.06.49]
10. Preparatory & Complementary Work: Preparatory and / or complementary work which include taking out & handing over charges, the work which is to be carried on out side the limit laid down for the general working of a shift. This concept may be even in case of single shift workers where there may be no handing over or taking over. If period of P&C less than 15 minutes per day may not be mentioned in the Roster of such workers, if between 45 minutes & one hour per day be considered as one
hour as period of duty.
11. Sustained Attention: The terms mean mental efforts.

CLASSIFICATION:

All Rly. Servant governed by the HOER are classified under any one of the following heads. :-

( i )Continues( ii )Intensive ( iii )Essentially Intermittent ( iv )Excluded



Remark : Essential intimated workers not provided with Railway Qtrs. Within 0.5km.from place of work have to work 10 hours a day or 60 hours a week

Payment of overtime:

For extra hours work overtime @ 1 ½ times of the ordinary wages per hour above roster hours up to statutory limits and 2 times of the ordinary wages per hour beyond statutory limit.

No hrs. of work prescribed for Excluded worker but shall be granted a rest of not less than 48 consecutive hrs. each month or a rest not less than 24 consecutive hrs. each for night.

SPECIAL INSTRUCTION REGARDING RUNNING/TRAVELLING STAFF

The hrs. of work of Loco & Traffic running staff should be calculated from “signing on” to “signing Off” for the purpose departure of calculating total hrs. of work for Over Time Payment.
BASES OF REST:
Rest for running staff is based on total duty performed which should be reckoned from “signing on” to “signing off”

At Head Quarter -

For duty of less than 8 hrs.                                     12 hrs.
For duty of 8 hrs. or more                                      16 hrs.

If out station -

For duty of less than 8 hrs.                                      06 hrs.
For duty of 8 hrs. or more                                       08 hrs.
For duty of less than 5 hrs. Equivalent to the hrs. of duty performed plus one hrs.

If any staff employed on duties at Hd. Qrs. Such as shunting operation, sub urban train, Ballast train have fixed roster hrs. will not be eligible to the liberalized Hd. Qrs. rest.

Duty at a stretch:  The duty hrs. at a stretch of the running staff from the time of “signing on” to “signing off” should be restricted to 10 hrs. The staff will not claim relive within 10 hrs. of there duty at a stretch which running, In exceptional Circumstances duty at a stretched can be of 12 hrs. but relief is to be provided after 12 hrs.
Running staff should not normally be away from head quarters for more than three days at a stretch.

Ceiling limit of a trip:  The ceiling limit of a trip should be kept within 14 hrs. including the time of “Signing on” & “Signing off”