Saswatabanerjee
Partner - Risk Management
Himanshupathak
Hr-genric-er
Samvedan
Consultancy_hr & Ir
Kknair
Hr, Ir, Law, Disc. Matters
+6 Others

Respected All
As factory act working hours should not exceed 9 hours in a day and 48 hours in a week
but 9 hours in a day x 6 days (in week) = 54 hours
So what about 6 hours , can work demand for OT for this 6 hours ?
If we give 8am to 8pm 12 hours works in a day then how many hours calculate as a OT
3 OR 4 HOURS.
From
R P Shriname

From India, Chicalim
Dear Shriname: As per Section 59 of the Act, obligation is cast on the employer to pay extra wages for overtime if the worker works for more than 9 hours on any day or 48 hours in a week. Hence if the worker works for 6 days at the rate of 9 hours per day, he is to be paid OT for the hours in excess of 48 in that week(=6 hours). But where the work done is more than 8 hours but less than 9 hours on any day of the week and the total hours of work in that week does not exceed 48 hours then no OT is payable. If work is given for 12 hours (8am to 8pm) then for a week it will be 72 hours (12X6) and OT is payable for the excess hours from 48 hours but if for instance work is done only for 4 days i.e., 48 hours in that week (12X4) then OT would be payable for 12 hours i.e., 3 hours per day(12-9) for 4 days. Hope the above clarifies:
Regards
KK

From India, Bhopal
What is about rest intervals?, now we are giving 1.5 hours rest intervals for 12 hour working in a day From Raju Shriname
From India, Chicalim
Dear R.P. Shriname,

As rightly defined by Mr. KK, i would like to add few points into it as:

As per my understanding from your post you are concern about the following points

1. OT hours payable in what condition.

2. OT payable to worker working 12 hours a day.

Point 1:

As you posted "As per factory act working hours should not exceed 9 hours in a day and 48 hours in a week" which is as per section 51 of the act.

So the total working hours should not exceed 9 hours in a day but that is also in only case where the work is required for the day only. Hence, accordingly if the working hours every day goes over 9 hours or upto 9 hours and at the closing of weeks it exceeds the total weekly hours limit of 48 hours, the exceeding hours shall be payable for OT hours at the rate of double of his/her wages as per section 59 of the act.

Point 2:

Please mark it, there is also a restriction on working hours under section 56 (Spreadover) where no adult worker in a factory shall inclusive of rest work more than 10 and half hours a day. but if work demand more working hours than it can apply be applied in writing mentioned reason to chief inspector to increase the same but that is to not exceed 12 hours in day.

Thus, crux of all are :

worker working more than 48 hours in week shall be paid OT with the rate of double wages and also that OT Payable hours shall not exceed at any condition is 24 hours in a week.

I hope it will clear your all doubts.

Please write in case of any query pertaining to my clarification given above.

From India, Delhi
That means if worker works from 8am to 8 pm including rest intervals for six days, then we have to pay (12x6=72- 48) 24 hours ot as twice rate From Raju Shriname
From India, Chicalim
Ideally yes, but as i quoted a permission for working 12 hours shall be required from the Chief Inspector.
From India, Delhi
Normal working hours(Sec. 8)
9 hours a day /48 hours a week
Opening hours not before 8 AM and closing hours not after 6 PM
Rest (Sec. 10)
1/2 hour each day
Period of continuous work not to exceed 5 hours
10 1/2 hours including interval for rest
Overtime(Sec. 8)
Should not exceed 54 hours including normal working hours in a week
Overtime should not exceed 150 hours a year
Close Day(Sec. 16)
There should be one close day every week

From India, Mumbai
Hello,

Confusion seems to be creeping in!

The chapter "Working Hours...." starts at Sec 51 stating that no worker will be allowed or asked to work for more than 48 hours per week. This is irrespective of whether he works for 8 hours a day or 9 hours per day!

The chapter in later provisions also provides that no worker shall be allowed to work continuously for more than five hours without having lunch break/recess of at least half an hour!

Wages are paid for work or working hours and not for rest intervals (whatever the duration of the interval may be!)

Total working hours worked should be rounded for a week and if the figure exceeds then you are bound to pay Overtime Wages as per stipulations of the act!

But the most important issue is that you obtain an EXEMPTION or RELAXATION from working hours under the act, you are NOT allowed to work overtime AT ALL!

For this you must refer to Sections 61 to 64 of the act under the same chapter. I am aware that rampant Overtime is incurred by factories regardless of this provision but that remains ILLEGAL as far as the law is concerned. The enforcing agencies take cognizance only against a complaint or when they need to make personal money!

This should remove any and all doubts from your mind on the subject.

If you still wish to raise more questions, you are welcome!

Regards

samvedan

December 16, 2012

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From India, Pune
The basic aim of Factories Act is against excessive working hours.Sec 51 prohibits working for more than 9 hours in a day or (not "and') 48 hours in a week.Payment of OT @double rate is a deterrent on employers from engaging workers for long hours.
Varghese Mathew
9961266966

From India, Thiruvananthapuram
any excess on 48 hours in a week required to be paid OT at the double rate .
You can not engage employee for 12 hours on daily basis.It is against law.
Over time is also restricted and you need to take prior permission of Factory Inspector.
Only where continuous process is involved exemption is given by them for prior permission.
himanshu pathak
9227233315

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