Extra Wages for Overtime

Rightsofemployees — Sun, 28 Jan 2018 16:53:33 +0000

Where a worker works in a factory for more than nine hours in any day or for more than forty-eight hours in any week, he shall, in respect to overtime work, be entitled to wages at the rate of twice his ordinary rate of wages.

“Ordinary rate of wages” means the basic wages plus such allowances, including the cash equivalent of the advantage accruing through the concessional sale to workers of foodgrains and other articles, as the worker is for the time being entitled to, but does not include a bonus and wages for overtime work.

Where any workers in a factory are paid on a piece-rate basis, the time
rate shall be deemed to be equivalent to the daily average of their full-time
earnings for the days on which they actually worked on the same or identical job
during the month immediately preceding the calendar month during which the
overtime work was done, and such time rates shall be deemed to be the ordinary
rates of wages of those workers.

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Working Hours and Overtime Rules in India

Rightsofemployees — Sun, 28 Jan 2018 16:21:18 +0000

Regular working time and on-call time

Regular working time may not exceed 40 hours per week.

Where necessary with regard to the nature of the work or the working conditions in general
working time may amount to an average of 40 hours per week for a period of at most four
weeks.
Monday is considered the first day of the week, unless another arrangement is in place at the workplace. on-call time may be claimed up to a maximum of 48 hours per employee over a period of 4 weeks or 50 hours per calendar month. The time during which an employee performs work on behalf of the employer is not considered on-call time.

Overtime

‘Overtime’ means working time in excess of regular working time.

When calculating overtime, compensatory rest periods or other rest periods that are scheduled
during the employee’s regular working time or on-call time shall be treated as regular hours
worked or time spent on call. Act (2000:766).

When there is a special need to increase the number of hours worked, overtime may
be worked up to a maximum of 48 hours per employee over a period of four weeks, or 50
hours over a calendar month, with a maximum of 200 hours over a calendar year(general
overtime)

Overtime in excess of general overtime may be worked up to a maximum of 150
hours per employee over a calendar year if there are special grounds for doing so and no other
reasonable solution has been possible (extra overtime).
Together, extra overtime and general overtime may not exceed 48 hours per employee over aperiod of four weeks, or 50 hours over a calendar month.

Total working time

Section 10b The total working time per every seven day period may amount to an average of
at most 48 hours during a reference period of at most four months. When calculating the total
working time, annual leave and sickness absence during times when the employee would
otherwise have worked shall be treated as hours worked. Act (2011:740)

The post Working Hours and Overtime Rules in India first appeared on Rightsofemployees.com.

Working Hours and Overtime Pay in India

Rightsofemployees — Fri, 26 Jan 2018 16:45:01 +0000

As per the Factories Act 1948, every adult (a person who has completed 18 years of age) cannot work for more than 48 hours in a week and not more than 9 hours in a day. According to Section 51 of the Act, the spread over should not exceed 10-1/2 hours.

How many hours (maximum) per day, week and year can a person work?

The Minimum Wages Act, 1948 also specifies about the working hours under the rules 20 to 25 that the number of work hours in a day should not exceed 9 hours for an adult.

What are provisions under the labour law for over time in India?

Act	Provisions under the Act
Factories Act, 1948 Details are mentioned regarding the working hours, spread over and overtime in Sec. 51, 54 to 56 & 59 of the Act :	Under Sec. 59 it is mentioned that where a worker works in a factory for more than 9 hours in any day or for more than 48 hours in any week, he/she shall, in respect of overtime work, be entitled to receive wages at the rate of twice his/her ordinary rate of wages.
Mines Act, 1952	Under Sec. 28 to 30 of the Act it is mentioned that no person employed in a mine shall be required or allowed to work in the mine for more than 10 hours in any day inclusive of overtime.
Minimum Wages Act, 1948	Under Sec. 33 it is mentioned that for overtime wages are to be paid at the rate of twice the ordinary rates of wages of the worker. It mentions that the employer can take actual work on any day upto 9 hours in a 12 hours shift. But he must pay double the rates for any hour or part of an hour of actual work in excess of nine hours or for more than 48 hours in any week. Sec. 14 of the Act mentions that any worker whose minimum rate of wages are fixed with wage period of time, such as by hour, by the day or by any such period and if a worker works more than that number of hours, it is considered to be overtime. In case if the number of hours constituting a normal working day exceeds the given limit, then the employer will have to pay him for every hour or for part of an hour for which he has worked in excess at the overtime rate.
Bidi and Cigar Workers (Conditions of Employment) Act, 1966	Under Sec. 17 & 18 of the Act relating to working hours, it is mentioned that the period of work including over time work should not exceed 10 hours in a day and 54 hours in a week.
Contract Labour (Regulation & Abolition) Act, 1970	As per Rule 79 of the Act, it is compulsory for every contractor to maintain a Register of Overtime in Form XXIII which will contain all details relating to overtime calculation, hours of extra work, name of employee, etc.
Building and Other Construction Workers (Regulation of Employment Service) Act, 1996	Under Section 28 & 29 of the Act, it is mentioned that worker who is working overtime will be paid Overtime wages at the rate of twice the ordinary rate of wages.
Working Journalist (Conditions of Service) and Miscellaneous Provisions Act, 1955	As per Rule 10 of the Act, it is mentioned that a working journalist who works for more than 6 hours on any day in day shift and more than 5½ hours in night shift shall be compensated with rest hours equal to hours for which he/she has worked overtime.
Plantation Labour Act, 1951	As per section 19 of the Act where an adult worker works in any plantation on any day in excess of the number of hours constituting a normal working day or for more than 48 hours in any week, he/she shall, in respect of such overtime work, be entitled to twice the rates of ordinary wages. Provided that no such worker shall be allowed to work for more than 9 hours on any day and more than 54 hours in any week.

What is said about work on short notice?

As per the Chapter VI of the Factories Act, 1948, the notice period of work, fixed in accordance with the provisions of Act should be displayed in the factory. It also mentions that any proposed change should be notified to the Inspector, before the change is made.

Women and work hours

What are provisions relating to work time of women under the law?

Section 66 of the Factories Act, 1948 imposes restriction on employment of women to work between 7.00 pm to 6.00 am. However, the Chief Inspector is empowered to grant relaxation, but in that case women are not permitted to work between 10.00 pm to 5.00 am.

Work days & break period

What does the law say about working days?

Factories Act, 1948 specifies that weekly holiday on the first day of the week, which is Sunday or may be any other day, as may be approved in writing by the Chief Inspector of Factories, for a particular area is necessary.

Under Section 52, there is provision for substitution of weekly holiday so that by complying with the requirements of this section, workers may be permitted to work on the day of weekly holiday. Provision also specifies on allowing compensatory holiday, in lieu of unavailed weekly holiday.

What does the law say about breaks?

As per the provisions of the Factories Act, 1948 a rest interval of at least half an hour should be provided, in such a way that no period of work shall exceed 5-1/2 hours.

According to Minimum Wages Act, the working day of an adult worker shall be so arranged that inclusive of the interval of rest it shall not exceed 12 hours on any day.

Work hours for young workers

What are the provisions relating to work time for young person?

The young person as per provision of Factories Act, 1948 is defined as “child” or “adolescent” (a person who has completed 15 years of age, but not completed 18 years of age). It mentions that working hours of child workers are limited to 4-1/2 hours a day. It also specifies that the spread-over should not exceed 5 hours. The provisions of the Act also specify that female child workers are prohibited to work between 7.00 pm to 8.00 am as per Section 71.

As per the Minimum Wages Act, 1948 the number of hours of work for adolescent shall be fixed by the medical practitioner as approved by the Government, which be decided on consideration of adolescent as an adult or child. The child should, however, not be allowed to work for more than 4-1/2 hours on any day.

The Apprentices Act, 1961

The act mentions that the daily hours of work of an apprentice shall not be more than 8 hours per day and weekly hours not less than 40 hours but not more than 45 hours. However, a short term apprentice may however be engaged to work up to a maximum limit of 48 hours per week. The hours of training of apprentice should not be between 10.00 pm to 6.00 am except with the prior approval from the Apprentice Advisor.