LAW Courses

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Gopal Patel   16 October 2021

Need help

sir/Mam, have a greetings of the day. 
i am doing a job in Gujarat. i have required your valuable help regarding bellow point. 
A) working time is 9:00 to 18:00 with one hour lunch break from 13:00 to 14:00. and working days are six in a week. total working hours is 54.00 hours per week. is we eligible for overtime? please help sir....
 



 1 Replies

Anusha Singh   16 October 2021

As per your query it is understood that you need information regarding the rules related to working hours of the employee.

There are numerous overtime rules and procedures in India stipulating different periods of working hours under the labor law. Section 51 and Section 59 of the Factories Act - 1948 states,

“No employee is supposed to work for more than 48 hours in a week and 9 hours in a day. Any employee who works for more than this period is eligible for overtime remuneration prescribed as twice the amount of ordinary wages.”

Additionally, Section 14 of the Minimum Wages Act, 1948 states,

“When the minimum wages of an employee are fixed for a particular period of time and the employee works beyond that period, then the employee has to be paid overtime wages for the extra time.”

Every state in India has its own Shops and Establishment Act (SEA) which also lays down overtime rules and procedures for workmen employed in different institutions. The SEA is applicable to all managerial and non-managerial positions, in every Indian shop and establishment.

The overtime rules also state that the employees must be provided at least one break for half an hour between the working hours and the entire working period per day must be calculated in such a way that no working period exceeds 5 hours without an interval.

The total number of working hours in India in a day must be 12 and a half hours, limiting the maximum number of overtime hours in a day at 2 hours.

Overtime rules under the Factories Act, 1948 also specifies the punishment in case an employer violates these provisions.

Any employer found to be contravening these provisions would be liable for punishment of imprisonment up to 2 years and fine of up to Rs. 1 lakh or both. If the employer continues to violate the provisions after conviction, a fine of Rs. 1000 per day is levied for each day of violation.

Under the overtime payment rules in India, overtime wages are paid in two ways – either on a per hour rate or a per piece rate in factories.

In the per hour or hourly rate, the per hour wage of an employee is calculated and double the amount is paid for every extra working hour.

In per piece method, an employee is paid overtime for every extra piece made during the overtime period.

The Indian employment laws and Indian labor laws are still under-defined when it comes to overtime rules in the private sector in India. The employees in the private sector are often subjected to extra working hours with no remuneration for the overtime work done.

In the private sector, the working hours and timings are stipulated by the employer in the company’s HR policies, drafted in accordance with the overtime rules and procedures in India.

It becomes important for an employer to get the company overtime policy and employment agreement drafted for overtime calculation in India. You need to have a good employment lawyer to avoid any unnecessary disputes over overtime provisions and laws.

Hope it helps!

 

Regards,

Anusha Singh


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register  



Post a Suggestion for LCI Team
Post a Legal Query