Nithiselvan (EXECUTIVE) 21 June 2022

Employee over time

In a industry, the operators are going for rest room or for canteen (break fast, lunch or dinner) by providing another operator to look the production. So the production process not stopped and the operators their self managing. Those operators are working in shift basis (a & b) 9 hours/ shift

A operator gives 9 hours output to the management. But the management gives only 8 hrs salary & refusing to pay 1 hrs overtime.

1. Is this correct.

2. If it is not correct / where to escalate this issue.

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Quick Summary

This discussion addresses an employee working 9-hour shifts who is only being paid for 8 hours, with the employer refusing overtime pay. The Factories Act states that employees working over 9 hours a day or 48 hours a week are entitled to overtime wages at twice their ordinary rate. While the initial scenario might not be direct overtime, the employee's extended work week of 54 hours clearly exceeds the legal limit, entitling them to claim overtime pay. The Payment of Wages Act provides avenues for escalating such disputes.

2 Replies

Sravika Reddy Kohir 21 June 2022

Hello Nithiselvan, I acknowledge your question. Under section 59 of the Factories Act, 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.

In your case, there is no sign of overtime but, rather you can raise a complaint with respect to claims arising out of deductions from wages or delay in payment of wages and penalty for malicious or vexatious claims Under section 15 of Payment of wages act

(1) The appropriate Government may, by notification in the Official Gazette, appoint—

(a) any Commissioner for Workmen’s Compensation; or

(b) any officer of the Central Government exercising functions as, Regional Labour Commissioner; or Assistant Labour Commissioner with at least two years’ experience; or

(c) any officer of the State Government not below the rank of Assistant Labour Commissioner with at least two years’ experience; or

(d) a presiding officer of any Labour Court or Industrial Tribunal, constituted under the Industrial Disputes Act, 1947 (14 of 1947), or under any corresponding law relating to the investigation and settlement of industrial disputes in force in the State; or

(e) any other officer with experience as a Judge of a Civil Court or a Judicial Magistrate.

I hope I have answered your question.

Have a good day.