01. Is there any penalities for non payment double rate of Overtime ?
02. In regular practies we are paying Single rate of OT
Kumar Doab (FIN) 30 May 2015
Being HR person you would be aware of the enactment applicable to your establishment e.g Shops and Estbs Act.
Look into the section on Work hours, OT and Penalties.
arulprasath (HR & Legal) 01 June 2015
1. If your establishment cover under factories act, you must be seeking excemption for sec, 51,52,54,56 from Add. Director of industrial health and safety.
2. OT shall be paid the double wages, any violation on this will leads to be offence.
Kumar Doab (FIN) 01 June 2015
You have initiated many threads and raised queries that are very basic.......................and anyone should know OT is not @ single rate.........
Try to understand that the employer shall not offer his/her neck and would always like to have a designated HR personnel as person to formulate the policy and be designated authorised signatory.........................to pass the blame.
Based on which enactment or precedence or custom or decision by court of law you have been recommending payment of OT less than double the wages.........?
Ask the employer to contract Labor Law Consultant/Law firm dealing in Labor law and send such proposal to be wet by it.
Tushar Swar (Practitioner in HR Labour Laws & Compliance) 02 June 2015
Yes, you need to pay the double rate of OT to employees, However, there are restriction no of hrs of OT extended per week & day.In Maharashtra, its shall not be exceed 12 hrs per day.
For more clearification, please refer S&E act of your respective state..
ACHRM, MBA-HR, D.L.L (Hons)
T. Kalaiselvan, Advocate (Advocate) 07 June 2015
Mr. Vijay, many members have addressed your query very well. Please do some homework too instead of raising such petty questions here just because this forum gives legal advises/opinions at free of cost.