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Dear sir's,
5 working days in a week, Working hours 12 hours per day so total weekly working hours 60 hours. How many hours the employee will eligible for OVER TIME either 12 hours or 20 hours. Please share views & clarify legally how many hours to be considered.
Thanks....
Chikkegowda.N
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Dear Chikkegowda
In a given day a worker is permitted to work for 9 hours maximum and 48 hours in a week. Here you can calculate 9 hours X 5 days = 45 hours = You will pay for 5 days present and 5 hours single OT and balance 15 hours Double OT.
If you are in Manufacturing Industry you are not permitted to allow any worker to work more than 48 hours a week or 8 hours a day and to compensate maximum of 9 hours a day.
Dear
if you are manufacturing industry and factory act applies to you than 15 hour overtime is to be paid in the abovesaid condition.
BECAUSE
you can not ask anyone to work without overtime for more than 9 hours in a day and 48 hours in a week.so 9X5=45 ,uoto 45 hours need not to pay overtime.rest 15 hours has to be paid as overtime
The claim for Overtime would lie for working beyond 48 hours in a week. So the hours over and above 48 hours only is to be reckoned for OT calculation purposes. However as regards hours less than 48 clocked in a week, it is management's discretion as to whether and how much extra compensation is to be paid, but workmen have no statutory right for it. Beware !!!, 12 hours work per day is grossly violative of Factories Act, if the same applies to you.
Regards
KK
It has been observed in certain business (Eg:- Shops, Club House etc), employees get breaks and all breaks together may come up to 3-4 hrs. In that scenario, can the overall 12 hrs schedule for the day - a violation?
Dear in that case person who has put query should clear forum whether it is factory or covered under shop and est act and under which state than only his query will get correct answer.
Normally if a person work for 5 hours, then 30 minutes break must be given. So if a person worked for 12 hours means he will be paid for 11 hours.
Hence he will be paid 5 days present (8 hours duty) 5 hours single OT Wages and then 10 hours will be double OT Wages.
In case if it is Factory then before allowing for OT, It must be approved by the Factories Inspector. Then only the OT work should be permitted.
Dear Ashley
As a matter of fact, the Software Industry people are highly educated and for which highly paid, they can take care of themselves. If the Software people sleep in their work station, it will not cost them much comparing to those in factory. If a worker sleep while working in factory it may endanger his life. To safeguard the worker from such accident, these types of law is generated by the Government.
Hi
This has reference to the query put forth by Ashley and duly replied by S Bhaskar. I would like to seek clarification with respect to working hours in a software company. Can a manager force his employees to work for 15 to 17 hours a day continuously for a week or a month citing business requirement as a reason. Can the employee be threatened to be sacked from the company or project for refusing to work for such long hours . This is reportedly being followed by a few companies in Bangalore with the purpose of cost cutting and increasing profitability, without recruiting additional resources.
1. Are there any laws pertaining to the above
2. Who would be the authority where the employee can seek redressal?
3. Are there any NASSCOM guidelines to be adhered to by the software companies?
Regards
Jaikumar
Dear Jai Kumar, The software industry is not covered under the Factories Act 1948. In such cases the respective state Shop and Establishment Act would apply. The Shop and Establishment Act also lays down 48 hours to be the maximum hours of work in a week. Continous working of 15-17 hours daily for weeks or months is inhuman. I am not aware of any NASSCOM guideline in this regard. KK
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