HOER 2005 in brief

 

BRIEF ON RAILWAY SERVANTS (HOURS OF WORK AND PERIOD OF REST) RULES, 2005

Railway Servants (Hours of Employment) Rules, 1961 were framed under the IndianRailways Act, 1890. Under Rule 3(1) of the said Rules, the powers to declare employment of railway servants as ‘Essentially Intermittent’ or ‘Continuous vests with the head of railway administration. Rule 4 of the said rules provides that:-

• If any question arises in respect of a declaration made under rule 3, the matter shall be referred to the Regional Labour Commissioner (C) whose decision subject to the provisions of sub-rule (2) shall be final.
• Any person aggrieved by the decision of the RLC(C) may, before the expiry of 30 days from the date on which the decisions of the RLC(C) is communicated to him, prefer an appeal to the Government whose decision thereon shall be final.
• Under Rule 2 (d), ‘Government means the Central Government in the Ministry of Labour’.

In 2005, the revised ‘Railway Servants (Hours of Work and Period of Rest) Rules’ were notified by the Ministry of Railways by issuing a Notification. In this Notification the Secretary (L&E) was made the Appellate Authority. Subsequently this has been amended and the concerned Joint Secretary/ Additional Secretary in the Ministry of Labour & Employment has been designated Appellate Authority.

RAILWAY SERVANTS (HOURS OF WORK AND PERIOD OF REST) RULES, 2005

(The earlier rules regulating the hours of work and rest of the Railway servants called "Railway servants (Hours of Employment) Rule 1961 and any orders issued there under in so far as they were inconsistent with revised rules have been repealed and revised rules called "The Railway Servants (Hours of Work and Period of Rest) Rules, 2005 have been made