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Modifications required in HOER (Hour of Employment Regulation)
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Modifications required in HOER (Hour of Employment Regulation)

Modifications required in HOER (Hour of Employment Regulation)

Member Staff, Railway Board,
Rail Bhavan, New Delhi.

Dear Sir,

Subject: Modifications required in HOER (Hour of Employment Regulation) –
i) Classification of Technical Supervisors under HOER as ‘Continuous’ instead of ‘Excluded’
ii) Provision of periodic rest or payment of Over Time Allowance for extra hour put in
iii) Redefining of Night Duty from Sunset – (Instead of from 10 PM)

We draw the kind attention of the Railway Board to the urgent need to amend the age old Hour of Employment Regulation (HOER), regarding - Revision of classification of Technical Supervisor; Provision of periodic rest for them; and need for Redefining of Night Duty under the said Rules.

1. Sir, When HOER was promulgated in the 1960s - the posts of Technical Supervisors - particularly in the apex grade, were higher than that of Group B and entry level of Group A Officers. Almost all the open line Sheds, Depots and maintenance facilities were headed by Technical Supervisors (i.e. Foremen, CPWI, CIOW, CSI, CBI & CTXR etc.).

2. By the nature of their position, authority, jurisdiction and responsibilities they needed to adjust/extend their duty hours and work (which is multifaceted in nature) during such hours to meet the need of the traffic, production, repair & maintenance, emergency situation etc and hence were placed in the “Excluded” category under HOER. As such the associated benefits by way of position and hierarchy of railway management duly compensated the efforts.

3. But regrettably, subsequent Pay Commissions diluted the supremacy of the cadre of Technical Supervisors vis-à-vis that of the Group B and entry level Group A officers as well as with many other categories which were controlled by them and considering the fact that even the apex grades of Technical supervisors becoming working posts - especially after the implementation of Cadre Restructuring.

4. The provisions of the classification as “Excluded” had become redundant and have no relevance at present. Now almost all the major Depots and Sheds are headed by officers from the rank of Assistant officers to JA Grade. Senior Section Engineers are assigned specific maintenance duties which have direct bearing on safety of train operation and hence need to be protected by specific provision for weekly rest, scheduled duty hours and over time allowance, etc.

5. With the functional irrelevance of the classification of Technical supervisors as ‘Excluded’ in the present scenario - the existing provisions are being exploited at many places to harass the Technical Supervisors by denying them periodic rest or privilage leave or permission to leave head quarters or even to attend important domestic needs and social obligations. They are even called back not only from sanctioned leave but even from sick bed and many a times even denied commutation of Leave (LAHP) on medical grounds. All this is causing not only much hardship and frustration but also tantamount to exploitation under the age old provisions of HOER –

6. it is, therefore, requested that

i) All the Technical Supervisors - (i.e. Junior Engineers and Senior Section Engineers in the departments of Mechanical, Electrical, Civil Engineering and Signal & Telecommunication) - may please be classified as “Continuous” (and not as “Excluded”) – in the interest of Safety, efficiency and effective quality control on the Railways – keeping in view their nature of Duties, Responsibilities.

ii) There should be statutory provision for periodic rest for the Technical Supervisors on Railways;

iii) Night duty should means employment during any part of the night from 08.00 pm to 06.00 am – as the impact of night hazards start after Sunset. Employment of railway servant on continuous night duty should be avoided.

iv) a) All railway workers governed by Hours of Employment Regulations – including Technical Supervisors - should be paid Over Time Allowance at double the rate of wages for extra hour put in after working for 48 hours in a week or for more than 8 hours in a day.

b) The emoluments, for the purpose of computation of rates of OTA (Over Time Allowance) should include HRA similar to those covered under Factories act (in terms of RBE No. 29/2010 dated 17.02.2010).

Yours faithfully,

(Harchandan Singh),
General Secretary, IRTSA

  Memo-Revision_of_HOER_for_Classification_of_Tech_Supervisors.pdf (Size: 159.72 KB / Downloads: 502)

03-02-2010 10:12 PM
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RE: Modifications required in HOER (Hour of Employment Regulation)

Attached File(s)
.doc  Categories in various Classification under HOER.doc (Size: 25.5 KB / Downloads: 1030)
.doc  Hours of Employment Regulation - HOER.doc (Size: 47 KB / Downloads: 771)
.doc  Rly servant hrs of work-2005, rule 5.doc (Size: 28.5 KB / Downloads: 715)
.doc  Rly servant hrs of work-2005.doc (Size: 28.5 KB / Downloads: 663)
03-10-2010 12:28 PM
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