SHOPS & ESTABLISHMENT ACT

According to me,  there are different rules to calculate the O.T.  in various establishments. If it is calculated on per day basis, then you are entitled to get O.T. in respect of your daily work hours.  However, if is calculated weekly, then as per your suggestion/information,  if you does not cross the limit of 48 hours then you will not be entitled to any O.T.

My query is about contract labours gratuituty:

One of the contractor who has deployed their manpower in our establishment, the contract labour was served more than 5 years of service in our establuishment, now he has climed gratuity amount in turn contractor has raised a claimed for gratutity before the principal employer for their gratuity amount. Now the question is whether principal employer is liable to pay gratuituity amount for their contractor employees?

Kindly advise over this issue.

regards

rnswamy

This has ref to Jgdish's quesrry on OT calculation.

On any day if an employee has worked for more than 8 hours, those extra hours worked attracts OT payment. If an employee worked for 9 hours on a perticular day,for that day he is eligible to receive OT wages for one hour. He may not work for 48 hours a week.

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Wirh ref to Gratuity to contract labour:

It is responsibility of the contractor to pay Gratuity. No responsibility for Principal employer.