Section 132: Limitation of hours of work

Text of Section 132:

1. A railway servant whose employment is essentially intermittent shall not be employed for more than seventy-five hours in any week.
2. A railway servant whose employment is continuous shall not be employed for more than fifty-four hours a week on an average in a two-weekly period of fourteen days.
3. A railway servant whose employment is intensive shall not be employed for more than forty-five hours a week on an average in a two-weekly period of fourteen days.
4. Subject to such rules as may be prescribed, temporary exemptions of railway servants from the provisions of sub-section (1) or sub-section (2) or sub-section (3) may be made by the prescribed authority if it is of opinion that such temporary exemptions are necessary to avoid serious interference with the ordinary working of the railway or in cases of accident, actual or threatened, or when urgent work is required to be done to the railway or to rolling stock or in any emergency which could not have been foreseen or prevented, or in other cases of exceptional pressure of work: Provided that where such exemption results in the increase of hours of employment of a railway servant referred to in any of the sub-sections, he shall be paid overtime at not less than two times his ordinary rate of pay for the excess hours of work.

Detailed Explanation:

Section 132 of the Railways Act, 1989 deals with the limitations on the working hours of railway servants, ensuring that their work schedule is regulated to prevent excessive working hours and to promote their welfare. The section distinguishes between different types of employment and provides specific limits on weekly working hours for each category of worker. It also allows for temporary exemptions under certain conditions, with provisions for overtime payment when the working hours are increased.

Sub-section 1: Employment of Intermittent Railway Servants

• This sub-section applies to railway servants whose employment is “essentially intermittent,” meaning their work is not continuous or is spread out across irregular periods.
• These railway servants are limited to a maximum of 75 hours per week of work.
• The regulation ensures that even for employees whose work is not continuous, there are still limits to prevent overworking and to ensure their rights to rest.

Sub-section 2: Employment of Continuous Railway Servants

• A continuous railway servant is one whose work is steady and uninterrupted, meaning they perform tasks that require ongoing attention or service.
• These employees cannot be required to work more than 54 hours per week on average over a two-week period (14 days).
• This limit ensures that continuous workers are not overburdened by long working hours over a two-week period, balancing the need for consistent labor with employee welfare.

Sub-section 3: Employment of Intensive Railway Servants

• Intensive railway servants are those whose work demands a high level of physical or mental exertion during their working hours.
• These employees are restricted to a maximum of 45 hours per week on average over a two-week period.
• This regulation aims to prevent exhaustion or burnout among employees whose work is physically or mentally taxing, ensuring that their work schedules are manageable.

Sub-section 4: Temporary Exemptions

• Under exceptional circumstances, the prescribed authority may grant temporary exemptions from the above limits on working hours. These exemptions can be given in cases where the normal functioning of the railway is at risk or in emergency situations. Some of the reasons for exemption include:
  • Interference with normal railway operations: If the normal functioning of the railway system is disrupted, such as due to urgent repairs or unexpected disruptions.
  • Accidents or threats of accidents: In case of accidents (actual or impending), additional work hours may be necessary to manage the situation.
  • Urgent work requirements: When there is immediate work required to maintain or repair railway infrastructure or rolling stock (vehicles used on railways), workers may need to extend their hours temporarily.
  • Unforeseen emergencies: In situations of unforeseen emergencies that could not have been predicted, employees may be called upon to work beyond the normal limits.
• However, if such exemptions increase the working hours of an employee, the worker is entitled to overtime pay at a rate of at least twice their regular rate of pay for the additional hours worked. This ensures that workers are fairly compensated for the extra work they do under exceptional circumstances.

Interpretation and Practical Impact:

• Protection of Workers’ Rights: The overall intent of Section 132 is to safeguard the welfare of railway employees by limiting their work hours, ensuring they are not overworked and have adequate time for rest.
• Flexibility in Emergency Situations: The provision for temporary exemptions ensures that in cases of urgent work or unforeseen events, railway authorities have the flexibility to extend working hours. However, this flexibility is balanced by the requirement to compensate employees fairly for the additional time worked.
• Fair Compensation for Overtime: The provision that workers be paid overtime at double their normal rate if their hours exceed the prescribed limit is crucial for maintaining fairness. It ensures that employees are not exploited during emergency situations or when extra work is necessary.

Legal and Ethical Implications:

• Regulation of Labor Conditions: This section establishes a clear framework for regulating the working hours of different categories of railway workers, promoting work-life balance and reducing the risk of fatigue or exploitation.
• Welfare Considerations: By addressing the need for adequate rest and limiting work hours, Section 132 aligns with broader labor welfare policies that aim to protect employees’ health and safety, particularly in jobs that could involve high physical or mental demands.
• Employer’s Responsibility: Railway authorities are obligated to comply with these regulations, ensuring that any temporary exemptions are properly justified and that employees are adequately compensated for overtime work.

Conclusion:

Section 132 of the Railways Act, 1989 places limits on the working hours of railway servants, with specific rules for intermittent, continuous, and intensive employment. It provides a framework to ensure that workers’ rights to reasonable working hours and rest are protected, while allowing for temporary exemptions in emergency situations. When these exemptions result in longer working hours, the workers must be compensated with overtime pay at a rate of at least twice their regular wage. This section strikes a balance between operational flexibility for the railway system and fair treatment for railway employees.