Your matter does have merit. Approach your lawyer as ap.
Even if OT is not written in appointment letter look into the ( Name of your state) Shops and Commercial Establishments Act, Weekly Holidays Act, ( Name of your state) National Festivals and Holidays Act and look into clauses on Hours of work and you shall be guided to OT……………………..Double wages should be paid.
Lodge your claim for OT as ap.
For your reference extracts from Delhi Shops and Commercial Establishments Act are being given below.
You may likewise look into Shops and Commercial Establishments Act of your state.
8. Employment of adults, hours of work.— No adult shall be employed or allowed to work about the business of an establishment for more than nine hours on any day or 48 hours in any week and the occupier shall fix the daily periods of work accordingly:
Provided that during any period of stock taking or making of accounts or any other purpose as may be prescribed, any adult employee may be allowed or required to work for more than the hours fixed in this section, but not exceeding 54 hours in any week subject to the conditions that the aggregate hours so worked shall not exceed 150 hours in a year:
Provided further that advance intimation of at least three days in this respect has been given in the prescribed manner to the Chief Inspector and that any person employed on overtime shall be entitled to remuneration for such overtime work at twice the rate of his normal remuneration calculated by the hour.
Explanation.—For the purpose of calculating the normal hourly wage the day shall be reckoned as consisting of eight hours.
(a) Mode for calculation of overtime wages
15. Opening and closing hours of shops and commercial establishments.—(
17. Period of rest (weekly holiday
18. Wages for the holiday
19. Time and conditions for payment of wages
21. Claims relating to wages.
22. Leave.
The register of employment and wages is required to be kept in Form ‘G’ duly bound and pages serially numbered. Where, however, the opening and closing hours are ordinarily uniform, the employer may maintain such register in Form ‘H’ alongwith a separate register of wages and record of leave in Form ‘I’ but the entries relating to a particular date on which an employee if called upon earlier or detained later than the usual working hours are required to be made immediately in the remarks column of Form ‘H’ before such early or late working commences. In the case of an establishment which is not required to observe a close day under section 16 of the Act, the occupier has to exhibit in a conspicuous place in his establishment a notice in Form ‘J’ specifying the day or days of the week on which his employees shall be given weekly holidays; the notice should be exhibited before the employees, to whom it relates, before they cease work on the Saturday immediately preceding the first week during which it is to have effect. In any register or record which an employer is required to maintain, the entries relating to any day should be made on the mid-day of the following day provided that in the attendance register the entries relating to any day should be made on the same day. The entries in respect of actual commencement of work should be made immediately where the employee has been called earlier than the hour at which he is ordinarily required to report.
All such registers and records are required to be exhibited at the place of work. Any notice required to be exhibited under the provisions of this section should be exhibited in such a manner that it can be readily seen and read by any person whom it affects and should be renewed, whenever it becomes defaced or otherwise ceases to be clearly legible and such registers, records and notices relating to any calendar year have to be preserved till the end of the following year. This section also requires every occupier to exhibit in his establishment another notice showing the close day, the daily working hours and usual period of the rest, interval fixed for employees in Form ‘K’; (Rule 14 and 14A of the Delhi Shops and Establishments Rules, 1954)
34. Employer to furnish letters of appointment to employees.—The employer shall furnish every employee with a letter of appointment. Such letters of appointment shall contain the following and such other particulars as may be prescribed, namely:—
(d) the hours of work.
37. Powers and duties of the Inspector.
(b) Duties of the Inspector
(i) that in dispensing with the services of an employee the provision of the Act and Rules have been complied with and no dues payable under the Act or Rules have been withheld;
