HOURS OF

EMPLOYMENT
REGULATIONS (HOER)
THE HOURS OF
EMPLOYMENT a) Statutory provisions incorporated in the
Chapter XIV of the Indian Railways Act,
REGULATIONS 1989.
INCLUDES: b) Railway Servants (Hours of
Railway Servants (Hours of Employment) Rules, 1931.
Work & Period of Rest) c) Railway Servants (Hours of
Rules, 2005 Employment) Rules, 1961.
d) Railway Board's Subsidiary Instructions
on the above Rules.
e) Instructions issued by the Railway Board
consequent on the acceptance of the
recommendations of Railway Labour
Tribunal, 1969.
The Hours of Employment Rules apply to all the Railway
servants including Casual labourers and Substitutes
except those who are brought under the –

(a) Factories Act,

(b) Indian Mines Act,
(c) Minimum Wages Act and
(d) Indian Shipping Act.
Rules were incorporated in the Indian Railways Act, 1890 by an amendment in the
year 1930 to regulate the Hours of Employment and the periodic rest of the Railway
workers.
obligations undertaken by the Government of India due to Washington and Geneva
Conventions, sponsored by the International Labour Organization.
Recommendations of Hon'ble Mr. Justice G S Rajdhyaksha, ICS were accepted and
the Railway Servants (Hours of Employment) Rules, 1961 were incorporated.
Shri N M Miabhoy, Retired Chief Justice, High Court of Gujarat, was appointed as
Chairman of the Railway Labour Tribunal 1969 and recommendations of tribunal
resulted in revision of rules in 1974.
CLASSIFICATION OF STAFF
As per the rules, the Railway servants are classified into 4 groups:

1. Continuous
2. Intensive
3. Essentially Intermittent
4. Excluded
1. CONTINUOUS
The employment of all Railway servants under the Hours of
Employment Regulations shall be deemed to be `continuous' with
the exception of those few whose employment may be classified
as `intensive' or `essentially intermittent' or who may be excluded
by an order of the Competent Authority.
It is with forced period of inaction doing hard manual labour can
take 5 minute rest, yet his work remain continuous.
Category—ASM , office clerk
2. INTENSIVE
The employment of a Railway Servant shall be said to be `intensive' when it has
been
declared to be so by the Competent Authority on the ground :

(a) Strenuous nature of work tending to cause mental or physical strains and
(b) Continuous application to such work with little or no periods of relaxation.

Example: Section Controllers, Staff employed on line clear work such as Leverman
etc.
3. ESSENTIALLY
INTERMITTENT
The employment of a Railway servant shall be regarded as `essentially intermittent’
when it has been declared to be so by the Competent Authority on the ground:
Daily duty hours include periods of inaction aggregating 6 hours or more (including
at least one period of not less than one hour or two periods of not less than half an
hour each) during which the railway servant is on duty but is not called upon to
display either physical activity or sustained attention.

Category– gatekeeper, watchman

4. EXCLUDED
The employment of a Railway servant is said to be `excluded' if he belongs to any one of the following
categories:
i) Railway servants employed in a confidential capacity,
ii) Armed guards or other personnel subject to discipline similar to that of the armed
Police Forces,
iii) Staff of Railway schools imparting technical training or academic education,
iv) Such staff as may be specified as Supervisory staff by the Central Government by
rules made under Section 71-E,
v) Such categories of staff of the Health and Medical Department as may be
specified by the Central Government by rules made under Section 71-E,
vi) Stenographers attached to Officers at the rank of Junior Administrative
PRINCIPLES OF AVERAGING
Principles of averaging are warranted in Railway working in regard to the following
groups of employees.
a) Running Staff
b) Operating Staff
c) Shift Workers
d) Those workers whose work is bound up with the work of workers comprised in the
above three categories.
The averaging period for `intensive' and `continuous' workers should be fixed as two
weeks and for `essentially intermittent' workers one week.
PREPARATORY AND
COMPLEMENTARY
Preparatory and/or complimentary work includes the work of handing over and/or
taking over of charge and are necessarily to be carried on outside the standard duty
hours on the scales prescribed for each category.

Intensive maximum 3 hrs/week

Continuous maximum 6hrs/week
Essentially intermittent 3 hrs /week
Long-on :
a period of duty over 8/10/12 hours in case of Intensive/ Continuos/ Essentially
Intermittent workers respectively
Short-off :
A period of daily rest which is
- In case of Intensive workers less than 12 hours in a roster of six hours duty
and less than 14 hours in a mixed roster of 6 and 8 hours duty.
- In case of Continuous workers less than 10 hours.
- In case of Essentially Intermittent workers less than 8 hours.
LIMITATION OF HOURS OF
WORK( STATUTORY)
DAILY REST
Classification
Essentially intermittent ------- 8 hrs
Continues -------- 10 hrs
Intensive -------- 12 hrs
Running Staff (Traffic & Loco Motive)
A) at HQ i) duty less than 8 hrs------12 hrs
ii) 8 hrs or more ------16 hrs
B) at out station
i)less than 8 hrs ------2/3
ii)8 hrs or more ------ 8 hrs
PAYMENT OF OVERTIME
ALLOWANCE
1. Extra hours of duty beyond fixed roster hours shall be paid overtime for such extra hours subject to
principle of averaging.

Overtime to rly employee on daily basis

a) office clerks and class iv staf

b) Gang staff , works staff

c) confidential assistance/ steno

OVERTIME – PAYMENT OF OVERTIME
FOR EXCESS HOURS OF WORK.
i) Excess hour of work between the limit of prescribed roster hours @1 and ½ times of pay
ii) For the excess hour of work render beyond the statutory hrs limit payment shall be made two times of
the ordinary rate of pay.
Formula for hourly rate of overtime:
1 Hourly rate for Averaging period
= period of averaging x 1/30 of monthly rate of pay.
No. of roster hrs. in an averaging period.

2 Hourly rate for non Averaging period

=1 x 1/30 of monthly rate of pay
No. of daily roster hrs.
OVERTIME CALCULATION
A worked 60 hrs in first week and 48 hours in second week how to calculate his
extra hours?
The extra hours will be calculated on their classification and Rostered hours
DUTY ROSTER
a document which shows the hours that a railway servant expected to be on
duty every day, the daily as well as weekly rest and break between spells of
duty in a day besides other necessary particulars;
locomotive and traffic running staff should not be away from H Q not more
than 3 or 4 day and periodic rest at HQ must include night in bed at least once
in 10 days.
POWER TO CLASSIFY THE
EMPLOYMENT OF RAILWAY
SERVANT
A) Vested with head of the Railway administration or Sr. Scale officer during of
emergency.

B) Power is vested with CPO

C) A copy of declaration shall be sent to Regional labour commissioner.

APPEAL AGAINST
CLASSIFICATION
1) Within 90 days to the Regional labour commissioner – He will scrutinise the
relevant documents and A joint job Analysis will be done and after that he may order
for change in classification.
2) Any railway servant or railway administration can appeal against Decision of
RLC.
3) Appeal can be made to Secy to Govt. of India in Ministry of Labour Who will
dispose the appeal after hearing parties concern.
THANK YOU!