The Directorate General of Civil Aviation has introduced new flight duty rules on January 8, under which the weekly rest hours for pilots have been increased from 36 hours per week to 48 hours.

Will be able to fly for maximum 8 hours

DGCA has reduced the maximum flying time in a day for pilots to fly at night to eight hours. Along with this, the maximum landing time by the pilot in a day has been reduced to two hours.

Jyotiraditya Scindia gave information

Civil Aviation Minister Jyotiraditya Scindia said that after several reports related to fatigue, changes have been made in the Flight Duty Time Limitation (FDTL). Jyotiraditya Scindia has written on social media platform He has said that we are amending the FDTL rules. Rest hours have increased under the new rules.

You will get relief for 48 hours

He said that these rules have been made to deal with the issue of pilot fatigue. Under the new rules of DGCA, rest period of 48 hours has been ensured instead of 36 hours.

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When during the monsoon session, Union Minister of State for Labor Rameshwar Teli told what is the status of the drafts received from the states. At the same time, which state has sent drafts for which code. But, what has been the date of implementation? There is confusion about this too. Still everyone is waiting.

Planning to implement this way from October 1, 2022

According to Minister of State for Labor Rameshwar Teli, no deadline has been set yet. But, try to implement it as soon as possible. Rameshwar Teli, in response to written questions in the Lok Sabha, said that till now comments have not been received from many states on different codes. Due to the delay on the part of the states, they will be implemented immediately. At the same time, sources in the Ministry of Labor say that from October 1, 2022, there is a plan to implement them in a phase manner.

Before implementing labor laws, understand what is the latest update?

Drafts rules have been received from most states on all four labor codes. But, the new rules will be implemented in due course. If sources are to be believed, on the basis of the number of drafts that have been prepared, different codes will be implemented in a sequential manner. 31 states have sent their drafts on The Code on Wages, 2019.

At the same time, comments have been received from 26 states on The Industrial Relations Code, 2020. 25 states have sent drafts on The Code on Social Security, 2020. At the same time, drafts have been received from only 24 states on The Occupational Safety Health and Working Conditions Code, 2020.

States will have to decide the final deadline, the center is ready

According to sources in the Ministry of Labor, the New Wage Code can be implemented from October 1. But, the decision on this will also be taken when the drafts on all the four codes are received from the states. However, the codes can be implemented in a phased manner. The central government can issue official notification before October 1, 2022.

The codes will be deemed to be applicable from 1 October 2022. The states can be relaxed in this matter to implement the codes according to their own. But, the final deadline of all the four codes will have to be fixed. After this all the codes will have to be implemented till the last deadline. For this, the states can be given one year’s time.

Holidays, working hours and day rules will change

Four new codes have been created by merging 29 central labor laws. These include the Industrial Relations Code, Code on Occupational Safety, Health and Working Conditions Code (OSH), Social Security Code and Code on Wages. But, the biggest change is in the definition of ‘wage’. It has been expanded. In the new labor code, 50 percent of the salary will be directly included in the wages.

According to EPFO ​​board member and Bharatiya Mazdoor Sangh general secretary Virjesh Upadhyay, social security is very important for employees. There are many important aspects to this. There is to be a change in the rules on important issues like working hours of employees, annual holidays, pension, PF, take home salary, retirement. There will be a ban on working more than 48 hours. That means there will be only 48 hours of work every week.

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The Central Government has passed these new laws in the Parliament. Many states have not yet ratified the new code; Due to which the implementation is getting delayed, because labor is a subject of the Concurrent List of the Constitution, and it cannot be implemented without the ratification of the states.

According to the government, so far 31 states and union territories have published the draft rules under the Code on Wages, 2019.

The new labor code, which will come into force soon, will affect the working hours, take-home pay and leave conditions of employees. The Wage Code mandates that full and final settlement of wages and dues should be completed within two days from the last working day of the employee.

Similarly, companies can increase the working hours of employees if needed. In such a situation, they will have to give extra leave.

The in-hand pay of employees is also going to be impacted as the new wage code states that the basic pay should be at least 50 per cent of the gross pay.

This will increase the contribution of both the employee and the employer to the provident fund.

This labor code, passed by Parliament in 2019, replaces 29 central labor laws.

Four new codes on wages, social security, labor relations, occupational safety, health and working conditions were to be implemented from July 1.

The new law emphasizes that full and final payment of wages must be made to the company within two days of the last working day of the employee after he resigns, removes or is dismissed from the job. Presently, companies are following a period of 45 days to 60 days for complete and final settlement.

The new labor law provides that where an employee has been – (i) removed or dismissed from service; or (ii) has been retrenched or has resigned from service, or has become unemployed by reason of the closure of the establishment, the wages payable to him shall be paid within two working days. be their expulsion, dismissal, retrenchment or, as the case may be, their resignation. Must be settled within two days.

However, the states are allowed to frame guidelines for the time period for complete and final settlement. Provident fund and gratuity are not part of salary and are covered under different laws.

Increased working hours

Under the new wage code, companies are allowed to increase the working hours of employees from 9 hours to 12 hours.

However, they will have to give one day extra leave. Therefore, in case of increase in working hours, employees will work only four days in a week instead of the current 5.

Employees will get 3 days weekly off. This continues with a minimum requirement of 48 hours of work every week. If an employee works more than 48 hours a week, the employer must pay overtime.

Take-home salary will be reduced

The new labor law, once implemented, will affect the take-home pay of employees. However, his retirement amount will increase.

As per the law, the basic salary of the employee should be 50% of the gross salary. This will lead to reduction in take-home pay and increase in retirement savings as provident fund contribution by both employer and employee will increase.

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A male Government servant (including an apprentice) with less than two surviving children, may be granted Paternity Leave by an authority competent to grant leave for a period of 15 days, during the up to 15 days before, or up to six months from the date of delivery of the child.

During such period of 15 days, he shall be paid leave salary equal to the pay drawn immediately before proceeding on leave. The paternity Leave may be combined with leave of any other kind.

The paternity leave shall not be debited against the leave account. If Paternity Leave is not availed of within the period such leave shall be treated as lapsed.

NOTE:- The Paternity Leave shall not normally be refused under any circumstances.

Paternity Leave for Child Adoption:-

A male Government servant (including an apprentice) with less than two surviving children, on valid adoption of a child below the age of one year may be granted Paternity Leave for a period of 15 days within a period of six months from the date of valid adoption.

During such period of 15 days, he shall be paid leave salary equal to the pay drawn immediately before proceeding on leave. The paternity leave may be combined with leave of any other kind.

The Paternity Leave shall not be debited against the leave account. If Paternity leave is not availed of within the period specified in sub-rule (1) such leave shall be treated as lapsed.

Note:- “Child” for the purpose of this rule will include a child taken as ward by the Government servant, under the Guardians and Wards Act, 1890 or the personal law applicable to that Government servant, provided such a ward lives with the Government servant and is treated as a member of the family and provided such Government servant has, through a special will, conferred upon that ward the same status as that of a natural born child.

Source:- CENTRAL CIVIL SERVICES (LEAVE) RULES, 1972 4[43-A,5[43-AA.

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No adult shall be employed or allowed to work about the business of an establishment for more than nine hours on any day or 48 hours in any week and the occupier shall fix the daily periods of work accordingly.

Provided that during any period of stock taking or making of accounts or any other purpose as may be prescribed, any adult employee may be allowed or required to work for more than the hours fixed in this section, but not exceeding 54 hours in any week subject to the conditions that the aggregate hours so worked shall not exceed 150 hours in a year.

Provided further that advance intimation of at least three days in this respect has been given in the prescribed manner to the Chief Inspector and that any person employed on overtime shall be entitled to remuneration for
such overtime work at twice the rate of his normal remuneration calculated by the hour.

Also Read :

• How to Check Your PF Statement
• Can Companies Force Employees to Serve Notice Period?
• How to Sue an Employer for Wrongful Termination ?

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“Ordinary rate of wages” means the basic wages plus such allowances, including the cash equivalent of the advantage accruing through the concessional sale to workers of foodgrains and other articles, as the worker is for the time being entitled to, but does not include a bonus and wages for overtime work.



Where any workers in a factory are paid on a piece-rate basis, the time
rate shall be deemed to be equivalent to the daily average of their full-time
earnings for the days on which they actually worked on the same or identical job
during the month immediately preceding the calendar month during which the
overtime work was done, and such time rates shall be deemed to be the ordinary
rates of wages of those workers.

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Regular working time may not exceed 40 hours per week.

Where necessary with regard to the nature of the work or the working conditions in general
working time may amount to an average of 40 hours per week for a period of at most four
weeks.
Monday is considered the first day of the week, unless another arrangement is in place at the workplace. on-call time may be claimed up to a maximum of 48 hours per employee over a period of 4 weeks or 50 hours per calendar month. The time during which an employee performs work on behalf of the employer is not considered on-call time.

Overtime

‘Overtime’ means working time in excess of regular working time.

When calculating overtime, compensatory rest periods or other rest periods that are scheduled
during the employee’s regular working time or on-call time shall be treated as regular hours
worked or time spent on call. Act (2000:766).

When there is a special need to increase the number of hours worked, overtime may
be worked up to a maximum of 48 hours per employee over a period of four weeks, or 50
hours over a calendar month, with a maximum of 200 hours over a calendar year(general
overtime)

Overtime in excess of general overtime may be worked up to a maximum of 150
hours per employee over a calendar year if there are special grounds for doing so and no other
reasonable solution has been possible (extra overtime).
Together, extra overtime and general overtime may not exceed 48 hours per employee over aperiod of four weeks, or 50 hours over a calendar month.

Total working time

Section 10b The total working time per every seven day period may amount to an average of
at most 48 hours during a reference period of at most four months. When calculating the total
working time, annual leave and sickness absence during times when the employee would
otherwise have worked shall be treated as hours worked. Act (2011:740)

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