Consultancy_hr & Ir

I have a query regarding the Over Time payment in manufacturing industry. In manufacturing industry, if workmen have worked in his weekly off (Sunday) and in lieu of Sunday working, he has been given the weekly off on Wednesday. Apart from this, Will all workmen be entitled for Over Time? If yes !! Then what will be the rate of calculation and in which section it has been mentioned in factory law? I request you all to please clarify the same, so that any workmen could not deprive from any legal benefits.
Best Regards
Arun Gupta

From India, Delhi

There is a distinct provision in the Factories Act that provides for "substitution" of weekly off. You do not need anyone's permission to do so if you function within the parameters provided therein. Check Sec. 51-65 for all your queries regarding hours. The one I am talking about is, I think, in Section 52 or 53. Check this out please for accuracy. But when you work on a weekly off day and grant a substituted weekly off on another day within three days before or after such a day and inform the concerned Factory Inspector of your area, you will not incur any liability to pay overtime to concerned workmen because you would NOT have worked for more than 48 hours in the concerned week!

Next, if & when Overtime is worked (ie all work beyond 48 hours in the week (and performed inside the factory), then under Sec. 59(2) you will be obliged to pay Overtime wages for such work exceeding 48 hours @ twice the rate of normal wages!

As a good measure and to be technically precise, you can not do Overtime at all UNLESS you have obtained EXEMPTION for working hours, from the Factory Inspection Office and within the limits set out by the Act. What happens in most factories is that disregarding these provisions, Overtime is performed and they get away with it (only till they are caught!)

Tell me, is your query fully answered?



July 31, 2012


From India, Pune
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