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Over time Charges

(Querist) 02 September 2008 This query is : Resolved 

Dear Sir,

Please inform me that what is the % of salary should calculate for Over time salary/wages as per Labour law, is it restricted % for all or depending on the employer? ( Can employer fix the rate their own?.)

And the % should be on the total salary or only on Basic.

Please clear the doubt.


H. S. Thukral (Expert) 02 September 2008
Overtime wages are payable for working beyond the prescribed hours. Suppose your employment terms provide that you have to work 39 hours in a week and if you are required to work beyond that period you will be entitiled to overtime wages. Usually the rate of overtime from the prescribed hours up to 48 hours in a week is at normal rate ( by agreement it can be more than that too) and beyond 48 hours is at double the rate. Maximum hours of work are also provided under the Factories Act. The overtime work on holidays fetches double rate. The rate per hour is calculated by dividing the wages excluding job oriented allowances ( such as medical/ LTA etc )by total number of hours in a month.

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