12:03 PM
High Power Committee on HOER -PR
GOVERNMENT OF INDIA MINISTRY OF RAILWAYS (RAILWAY BOARD)
Ministry of Railways(Railway Board) have decided to constitute a High power Committee to review the duty hours of running and other safety categories of staff on Railways under the chairmanship of Sri DP Tripathi, Ex Secretary, Ministry of Food processing Industries. The other members of the committee will be as under.
i) Sri VK Manglik, Ex GM, West Central Railway - Member.
ii) Sri. MS Khan, Ex.AM/Finance/Railway Board -Member
iii) Sri DS Baveja,Ex CEE, Western Railway ( Since he does not join, Sri. Amarnath Former GM/CLW posted)- – Member
Sri Anil Kumar Gulati, Chairman, HRRC, Railway Board will be Secretary to the Committee
HPC Submitted their report consisting of 395 pages in August 2013.
4.3.6 Periodical Rest:
4.3.6.1 Present Practice:
Para 12(3) & 12(4) of Railway Servants (Hours of Work and Period of Rest) Rules, 2005 published in the Gazette of India by Ministry of Railways on 5th March 2005 stipulate as under for Running Staff on the subject of Periodical Rest:
“(i) Locomotive or Traffic Running Staff shall be granted, each month, a rest of at least five periods of not less than twenty two consecutive hours each, or a rest of at least four periods of not less than thirty consecutive hours each including a full night. The hours of work for this purpose shall be calculated from “sign on” to “sign off (Para 12.3).
“(ii) The locomotive and Traffic Running Staff shall not normally be away from headquarters for more than three or four days at a stretch and the periodic rest for such staff shall be given at headquarters. Rest at headquarters shall always include a night in bed, and as far as possible be once in every ten days (Para 12.4).”
4.3.6.2 Memoranda/Representations/Suggestions received by the Committee:
Views received from various Stakeholders viz. Federations, Recognised Unions, Other Staff Associations, Railway Administration and HPC’s website etc. are as under:-
(1) Federations and Recognised Unions:
(a) National Federation of Indian Railwaymen (NFIR): -
In their memorandum submitted to the Committee, they have stated as under:
“PERIODIC REST (Para 2.5.8)
(i) The next provision which needs serious consideration of the Committee is the Periodic rest/weekly rest for the Running Staff. The present scale of periodic Rest of 5 periods of 22 hrs/4 periods of 30 hrs is inadequate to meet the social and domestic needs and compels the Running staff to work trains all the 365 days in a year. This 365 days working pattern also increases the stress and fatigue level. The entire working class world over is provided weekly rest to the tune of more than 40 hours in a week.
(ii) According to the existing rules if a Running Staff breaks off at 10 hrs and joins back for duty at 16 hrs next day, then that is called as availing of a periodic rest and if such 30 hours of periodic rest is given for 4 periods per month, it is stated that the statutory requirement of granting a weekly rest is fulfilled. Alternatively, if such gap is confined to 22 hours between two spells of duty and if such spells are given five times a month, then there also the statutory requirement of grant of periodic rest is fulfilled. The absence of a weekly holiday/rest, added with the uncertain hours of work has virtually shattered the family conditions/health of a large section of Running Staff. A vast majority of them have been rendered medically unfit much before the attainment of their Superannuation age and another large section of Loco Pilots voluntarily retire and leave the service, unable to withstand the strain of adverse working conditions.
(iii) The periodic rest and headquarters rest are two different aspects altogether. At present the Headquarters rest of 12/16 hours and periodic rest of 22/30 hours run concurrently. Para IX of the ILO convention R.161 of 1979 Hours of work and rest period (Road Transportation) stipulates the concept that the Periodic rest and the daily rest should be independent of each other. The ILO recommendation reads as under:
“The minimum duration of the rest should be 24 consecutive hours, preceded or followed by the daily rest”.
(iv)Therefore, NFIR demands that the Periodic Rest/Weekly rest should be minimum of 40 HOURS i.e., 16+24 hrs.”
(b) All India Railwaymen Federation (AIRF): -
In their memorandum submitted to the Committee, they have stated as under:
“Weekly Rest-Not Periodical (Para 1.5)
"At present, rest is given periodically. This should be converted to Weekly Rest. The Weekly Rest should be a calendar day rest with full night rest at bed and calculation of weekly rest at HQs should start after 16 hrs. of rest at Headquarters, i.e. 16 hrs. Calendar Day rest should be weekly rest.”
During interaction with Divisional/Zonal Units of AIRF during the Committee’s visits to Zonal Railways, they gave some more suggestions which are as under:
(i) One weekly rest of 36 hours which includes one complete night in bed + one calendar rest. 02 such rests in fortnight or 04 in a month.
(ii) The existing 30 hours calendar rest system needs review.
(iii) The present system of periodic rest is totally inadequate and the union demands for changes in this provision under which either a calendar day rest with full night at home in a week or 40 hours/ 4 times in a month should be given as periodical rest.
(iv) Periodic rest should be increased from 30 hours to “30 hours + 20 hours”.
(c) Dakshin Railway Employees Union (DREU):
In their memorandum submitted to the Committee, they have stated as under:
“Loco Running Staff are not on par with other continuous category worker with regard to Headquarter rest and periodical rest. Periodical Rest for other continuous staff, minimum four weekly calendar day rests are assured, on the contrary for Loco Running Staff, it is not assured as per present HOER. (Due to 10 days clause) Hence this union demands that there should be four assured Periodical Rests of 40 hrs in a month (calendar day rest of 24 hrs + 16 hrs).”
(d) Purvottar Railway Shramik Sangh (PRSS)
(2) Other Staff Associations:
(a) All India SC/ST Railway Employees Association:
(b) OBC Association:
The nature of duties rendered by them is highly risky, hazardous and onerous. The same involves too much mental and physical strain. With the close of every stretch of running duty, the Loco Running Staff are put to substantial mental and physical fatigue. Periodical rest is one recognized in every statute like Factories Act, Minimum Wages Act, etc. and the said periodical rest or weekly off is one provided to every Government employee as well as employees of Private/Public sectors. Periods of periodical rest is provided to enable every workmen to have a day off at the end of 6 days of work, so as to meet his social obligations and other family requirements and to overcome his fatigue and to come back to duty with freshness of mind and body.
Periodical Rest for other continuous staff; minimum four weekly calendar day rests are assured. On the contrary, for Loco Running Staff, it is not assured as per present HOER. (Due to 10 days clause) There should be four assured Periodical Rests of 40 hours in a month (calendar day rest of 24 hours + 16 hours).
(c) All India Loco Running Staff Association (AILRSA), Ghaziabad:
The points raised by them in their memorandum are summarized as under:
(i) Periodical rest is provided to enable every workman to have a day off at the end of 6 days of work, so as to meet his social obligations and other family requirements and to overcome his fatigue and to come back to duty with freshness of mind and body.
(ii) Prescribing 22 hours/30 hours as weekly rest increases their stress and fatigue level. With these periodical rests, they are kept away from the community at large, forced to lead a life of isolation and are not able to get even proper night rest.
(iii) The absence of proper weekly holiday / rest, added with the uncertain hours of work has virtually shattered the family conditions / health of a large section of Loco Running Staff. A vast majority of them have been rendered medically unfit before the attainment of their age of superannuation and another large section of Loco Pilots voluntarily retire and leave the service, unable to stand the strain of adverse working conditions.
(iv) All workers in the world are enjoying weekly rest of more than 40 hours in a week. On IR also, the other staff whether they work at station, depot or office, are gifted with a weekly rest of 40 hours or more. They break off at 17 hours on the previous day, avail next day as weekly off and join the next day at 8/9 hours which amounts to a weekly rest of 40 hours.
(v) This is a clear case of discrimination.
(vi) Para IX of the ILO convention R.161 of 1979 reads as under
“The minimum duration of the rest should be 24 consecutive hours, preceded or followed by the daily rest.”
(vii) The action of the Railway Administration in overlapping the headquarter rest with the periodical rest as provided under Railway Servants (Hours of Work and Period of Rest) Rules, 2005 part II, Para 12 (3) is not correct.
(viii) The periodical rest / weekly rest should be of 46 hours minimum i.e. PR (30 hours) and headquarters rest (16 hours) eligible after duty hours.
(d) All India Guards council:
The points raised by them in their Memorandum are summarised as under:
(i) Principle of Periodical rest was enunciated in Geneva Convention 1921 under 14th convention adopted by ILO. This stipulated a minimum of a day’s rest every week in addition to the daily rests/ spare hours, to enable the employee to attend to his personal and social obligations.
(ii) This was implemented on Indian Railways only in 1946 in the adjudication award when Running Staff was brought in under ‘Continuous’ classification with definite rest periods.
(iii) Workers in almost all the categories get at least 40 hours rest every week.
(iv) Grant of 30 hours of rest means that it spreads on two calendar days and the running staff may have to work on both these calendar days despite the duration being termed as Periodical rest. Most of such rests may also fall during night time not giving any opportunity to the staff to attend to their social or domestic obligations.
(v) The demand is to give four periodical rests independent of headquarter rest i.e. 30+14/16 hours=44/46 hours or 22+16+2 (call book time)=40 hours rest.
(3) Railway Administration: (a) Zonal Railways:
In their replies to question 5 of the questionnaire circulated by the Committee (Annexure-II), most of the railways had expressed that the existing provisions of Periodical rest are adequate. A few railways, however, suggested as under:
- After every round trip, the loco Running staff should be provided a mandatory rest of 24 hrs. Thus, it would be possible for the crew to avail at least 5 to 6 rests of 24 hours in a fortnight. The compulsory rest of 30 hours with night in bed can be dispensed with.
- As discussed with HPC, 04 periodic rests of 40 hours each month and only one type of HQ rest of 16 hours irrespective of duty hours performed, can be agreed to provided the vacancies are less than 10% in all categories in the cadre.
- The periodic rest should be 4 X 30 hours only as 22 hours of periodic rest is considered inadequate for house work as well as rest. However, during the detailed discussions held by the Committee with General Managers, PHoDs and DRMs, most of the Zonal Railways agreed with the view that the present limits laid down for Periodical rest are inadequate and need to be revised.
(b) Meeting with Additional Member (Traffic), Additional Member (Mechanical) and Additional Member (Electrical):-
In the meeting held with Additional Member (Traffic), Additional Member (Mechanical), and Additional Member (Electrical) along with their concerned officers in Railway Board on 23.07.2012, there was a general consensus among the Additional Members on the need for increasing the periodical rest because of the social and family needs of the Running Staff. There was also a general consensus on fixing it at ‘Headquarter rest + Calendar day rest of 24 hours’ i.e. at 40 hours per week.
(4) Views received through various representations (including the views received on the website):
(a) Periodical rest of 40 hours each and 04 periodical rests in a month.
(b) Weekly rest should be 30+16 hours (Headquarter)
(c) Weekly rest must be 56 hours.
(d) 4 PRs in a month of at least 48 hours excluding 2 hours preparation time. Granted PR must not be cancelled except in emergency as per G&SR.
(e) In case of Goods traffic, periodic rest must be advised well in time so as to facilitate the staff to plan their social obligations.
5) Practices followed in other modes of transport: (a) Road Sector:
In Delhi Transport Corporation (DTC), there are no long runs excepting the one to Lahore. For these trips, the drivers are deputed to work for 8 hours a day for 6 days in a week and thus they avail a weekly rest of ‘Headquarter rest + 24 hours’ i.e. 40 hours.
In Uttar Pradesh State Road Transport Corporation (UPSRTC), Lucknow, there are no laid down instructions for Periodical rest. Therefore, they follow
the Motor Transport Workers Act, 1961 for this purpose. The relevant stipulations given in Para 19 of this act are as under:
“(i) The State Government may, by notification in the Official Gazette, make rules providing for a day of rest in every period of seven days, which shall be allowed to all motor transport workers.
(ii) Not withstanding anything contained in sub-section (1), an employer may, in order to prevent any dislocation of a motor transport service, require a motor transport worker to work on any day of rest which is not a holiday so, however, that the motor transport worker does not work for more than ten days consecutively without a holiday for a whole day intervening.
(iii) Nothing contained in sub-section (1) shall apply to any motor transport worker whose total period of employment including any day spent on leave is less than six day.”
The Drivers of Rajasthan Road Transport Corporation (RRTC) are normally required to work for 8 hours a day for 6 days in a week. Thus, they avail a weekly rest of ‘Headquarter rest + 24 hours’ i.e. 40 hours.
(b) Civil aviation:
Civil Aviation dealing with transport of both passengers as well as cargo, have also made very detailed stipulations about rest hours for the operating staff. These stipulations issued by Director General of Civil Aviation vide letter no. DG/FDTL/21/2009 dated 11.08.2011, have evolved over a period of time taking into consideration all safety aspects. The major stipulations about Periodical rest in this letter are as under:
“Weekly Rest (Para 8.3.3)
An operator shall ensure that the minimum rest is increased periodically to a weekly rest period, being a 36-hour period including two local nights, such that there shall never be more than 168 hours between the end of one weekly rest period and the start of the next."
(c) Practices followed by other railway systems abroad:
The information for Australian Railways, Queensland Railway, Federal Rail Road Administration and European Rail Union extracted from various sites available on internet is placed at Annexure III. Out of these, as mentioned in Para 4.3.1.2 (5) (b) above, although the European Rail Road System appears to be quite comparable with Indian Railway system, the systems on Australian Railways, Queensland Railway and American Rail Road do not appear to be fully comparable. The practice followed on DB Railways which is also a part of European Rail Road System, were also checked and is given below:
“The weekly rest time is min. 36 hours (per law) and in our coll. agreement we have partly an extended rest time until 62 hours.”
4.3.6.3 Committee’s Views:
At present, the Running Staff is given five periodic rests of 22 hours each or four periodic rests of 30 hours each with full night in bed in a month. This is considered to be highly inadequate. As mentioned by Federations also in their memorandums, periodical/weekly rests are required by the staff including Running Staff not only to overcome their fatigue accumulated during the week but also to meet their personal, social and domestic needs. These needs like going to a movie, having an outing, visiting your near and dear ones, consulting a doctor for yourself or your family members including your parents, watching TV or doing something as per your hobby etc, is something for which some time is needed by everyone once in a week or so. During such periodic rests, they are also expected to fully recoup from job related stresses, accumulated fatigue and accumulated sleep debt by getting proper rest, some recreation and full complement of sleep of 8 hours during night. In fact, keeping this in view, a two days weekly rest is already in vogue in most of the organisations abroad and in a number of organisations in India also including. Indian Railways (for ministerial staff). Thus, there should be no doubt in anyone’s mind that the periodic/weekly rest of only 22 hours or 30 hours to Running Staff is highly inadequate. In NASA report also (Technical Memorandum 110404 of May 1996), the following stipulations have been made in respect of recovery requirement during off duty period every week.
(i) Two consecutive nights of usual sleep is a minimum requirement to stabilize sleep patterns and return waking performance and alertness to usual levels. Two consecutive nights of recovery sleep can provide recovery from sleep loss. Therefore, the standard of duty period for recovery should be a minimum of 36 continuous hours, to include two consecutive nights of recovery sleep, within a seven day period (Para 2.1.3).
(ii) It is recommended that if two or more flight duty periods within a seven day period encroach on all or any portion of the Window of Circadian Law, then the standard off duty period (36 continuous hours within seven days) be extended to 48 hours recovery (Para 2.1.4).
Federations and even Loco Running Staff Associations have mentioned in their memorandums that the absence of such weekly rests added with uncertain hours of work has virtually shattered the family conditions/health of a large section of Loco Running Staff. A vast majority of them have been rendered medically unfit before the attainment of their age of superannuation and another large section of Loco Pilots voluntarily retire and leave their services, unable to withstand the strain of adverse working conditions. As a matter of fact, the Running Staff generally remains away from the community at large and is forced to lead a life of isolation due to these reasons. This is certainly not desirable from the point of view of safety in train operation.
During the various visits of the Committee, it was also told to the Committee that due to inadequate periodical rest, the Running Staff is sacrificing on their sleep many a times so as to fulfil their other social and family obligations. During their visits, the Committee was also told that there are cases where Running Staff who is availing his headquarters rest of 16 hours is told after the completion of 14-15 hours of headquarter rests that he can take 6 hours more rest and treat this as periodical rest. Such a periodical rest is of no use for the Running Staff in meeting his personal, social and domestic requirements as he cannot plan things in advance.
In view of the above, the Committee recommends that the Running Staff should be given a periodical rest of 16 hours+ 24 hours (calendar day) i.e. 40 hours 4 times in a month.
This will not only take care of his personal, social and domestic needs but also provide him with at least one full night in bed during such rest, to recover from his sleep debt accumulated during the week. This periodical/weekly rest should normally be given to him once in a week.
However, if due to operation reasons, such rest cannot be given to him in time, it should be ensured that the gap between 2 consecutive periodical/weekly rests does not exceed 10 days.
The Committee has also noticed that the weekly rest which is being given to all stationary staff at present is either 64 hours fixed (for those who are availing 2 days weekly off) or 40 hours fixed (for those who are availing only one day weekly off) or 40 hours on an average (for those who are working in
shift duty and availing one day weekly off). Therefore, a weekly rest of only 22/30 hours to the Running Staff is not only inadequate but highly in discriminatory also. In fact, the ILO recommendation also provides for fixing a minimum duration of the periodical rest at 24 consecutive hours preceded or followed by the daily rest, which comes to the same. The Committee found general consensus among the staff as well as the management for rationalising the periodical rest to 40 hours."
Railway Board has issued the following RBO for implementing HPC
RBE 66/2016 dated 16.06.2016, RBE 67/2016 dated 16.06.2016, RBE 120/2016 dated 13.10.2016, RBE 135/2016 Dated 28.00.2016 and RBE 135/2016 dated 18.11.2016.
Unfortunately recommendation for 40 hrs PR railway board has not issued any RBO.
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