Hours of work, welfare measures and other conditions of service of building workers

(28) Fixing hours for normal working day, etc. -

• The appropriate Government may, by rules -
  • fix the number of hours of work which shall constitute normal working day for a building worker, inclusive of one or more specified intervals;
  • provide for a day of rest in every period of seven days which shall be allowed to all building workers and for the payment of remuneration in respect of such days of rest;
  • provide for payment of work on a day of rest at a rate not less than the overtime rate specified in section 29.
• The provisions of sub-section (1) shall, in relation to the following classes of building workers, apply only to such extent, and subject to such conditions, as may be prescribed, namely -
  • persons engaged on urgent work, or in any emergency which could not have been foreseen or prevented;
  • persons engaged in a work in the nature of preparatory or complementary work which must necessarily be carried on outside the normal hours of work laid down in the rules;
  • persons engaged in any work which for technical reasons has to be completed before the day is over;
  • persons engaged in a work which could not be carried on except at times dependant on the irregular action of natural forces.

Comments -
Government has been empowered to fix the number of hours of work for a building worker, to provide for day of rest in every period of 7 days and for the payment of remuneration in respect of such days of rest, to provide for payment of work on a day of rest at a rate not less than the overtime rate.

(29) Wages for overtime work -

• Where any building worker is required to work on any day in excess of the number of hours constituting a normal working day he shall be entitled to wages at the rate of twice his ordinary rate of wages.
• For the purposes of this section, "ordinary rates of wages" means tile basic wages plus such allowances as tile worker is for the time being entitled to but does not include any bonus.

Comments -
If any building workers is required to work on any day in excess of tile number of hours constituting a normal working day, he is entitled to wages at the rate of twice his ordinary rate of wages.

(30) Maintenance of registers and records -

• Every employer shall maintain such registers and records giving such particulars of building workers employed by him, the work performed by them, the number of hours of work which shall constitute a normal working day for them, in day of rest in every period of seven days which shall be allowed to them, tile wages paid to them, the receipts given by them and such other particulars in such form as my be prescribed.
• Every employer shall keep exhibited, in such manner as may be prescribed, in tile place where such workers may be employed, notices in the prescribed form containing the prescribed particulars.
• The appropriate Government may, by rules, provide for tile issue of wage books or wage slips to building workers employed in an establishment and prescribe tile manner in which entries shall be made and authenticated in such wage books or wage slips by the employer or his agent.

(31) Prohibition of employment of certain persons in certain building or other construction work - No person about whom the employer knows or has reason to believe that he is a deaf or he has a defective vision or he has a tendency to giddiness shall bc required or allowed to work in any such operation of building or other construction work which is likely to involve a risk of any accident either to the building worker himself or to any other person.

Comments -
Any person who is deaf or who has detective vision or who has a tendency to giddiness is not required or allowed to work in any such operation of building or other construction work which is likely to involve risk of an accidents.

(32) Drinking water -

• The employer shall make in every place where building or other construction work is in progress, effective arrangements to provide and maintain at suitable points conveniently situated for all persons employed there in, a sufficient supply of wholesome drinking water.
• All Such points shall be legible marked Drinking Water in a language understood by a majority of the person employed in such place and no such point shall be situated within six metres of any washing place, Urinal or latrine.

(33) Latrines and urinals -

In every place where building or other construction work is carried on, the employer shall provide sufficient latrine and urinal accommodation of such types as may be prescribed and they shall be so conveniently situated as may be accessible to the building workers at all times while they are in such place:
Provided that it shall not be necessary to provide separate urinals in my place where less than fifty persons are employed or where the latrines are connected to a water-borne sewage system.

(34) Accommodation -

• The employer shall provide, free of charges and within the work site or as near to it as may be possible temporary living accommodation to all building workers employed by him for such period as the building or other construction work is in progress.
• The temporary accommodation provided under sub-section (1) shall have separate cooking place bathing, washing and lavatory facilities
• As soon as may be, after the building or other construction work is over, the employer shall, at his own cost, cause removal or demolition of the temporary structures erected by him for the purpose of providing living accommodation cooking place or other facilities to the building workers as required under sub-section (1), and restore the ground in good level and clean condition.
• In case an employer is given, my land by a Municipal Board or, my other local authority for the purposes of providing temporary, accommodation for the building workers under this section, he shall as soon as may be, after the construction work is over, return the possession of such land in the same condition in which he received the same.

(35) Creches -

• In every place where in more them fifty female building workers are ordinarily employed, there shall be provided and maintained, a suitable room or rooms for the use of children under the, age of six years of such female workers -
• Such rooms shall -
  • provide adequate accommodation;
  • be adequately lighted and ventilated;
  • be maintained in a clean and sanitary condition;
  • be under the charge of women trained in the care of children and infants.

(36) First-aid -

Every employer shall provide in all the places where building or other construction work is carried on such first-aid facilities as may be prescribed.

(37) Canteens, etc. -

The appropriate Government may, by rules require the employer -

• to provide and maintain in every place wherein not less than two hundred and fifty building workers are ordinarily employed, a canteen for the use of the workers;
• to provide such other welfare measures for the benefit of building workers as may be prescribed.