Let's first distinguish remuneration for work done over and above normal working hours from compensation for the whole day's work done on a holiday. The remuneration for overtime work has to be calculated at twice the rate of normal wages for an hour.On the contrary, the compensation for working on a holiday whether National or Festival can be of compensatory holiday prior to or after the day or a day's extra wages in addition to the normal wages for the day.as per the applicable Statute.
15th January 2014 From India, Salem
An employee shall be granted for rest day wages calculated at the rate applicable to the next preceding day and in case he works on the rest day and has been given a substituted rest day, he shall be paid wages for the rest day on which he worked, at the overtime rate and wages for the substituted rest day at the rate applicable to the next preceding day:
15th January 2014 From India, Rudarpur
Pl carefully read Sec.13(1)(b) and (c) of the MW Act1948 WITH the rider clause to the first proviso to Rule 23(4) of the Central Rules.Normally, the seventh day following six days of continuous work shall be an unpaid day of rest.That's why the concept of a month under Industrial parlence is recognized to comprise of 26 days. However, since the provisions of the MW Act1948 are intended to achieve the object of doing social justice to the workmen employed in the scheduled employments by prescribing minimum rates of wages for them, wages for the day of rest is notionally included in the minimum rates. That's why you will find that generally the Govt. notifications fixing minimum rates of wages will have an explanatory note saying that the daily rate of minimum wages shall be arrived at by dividing the monthly rate by 26 and the monthly rate of mw by multiplying the daily rate by 30. Now, try once again deeply reading the proviso to rule 23(4).
15th January 2014 From India, Salem
i am still confused. pl. tell me the simple meaning of given below statement as per Abstract of MW,1948
IV. Hours of work and holidays
The number of hours which shall constitute a normal working day shall be –
(a) in the case of an adult, 9 hours,
(b) in the case of a child, 4 ½ hours.
The working day of an adult worker inclusive of the intervals of rest shall not exceed twelve hours on any day.
The employer shall allow a day of rest with wages to the employees every week. Ordinarily, Sunday will be the weekly day of rest, but any other day of the week may be fixed as such rest day. No employee shall be required to work on a day fixed as rest day, unless he is paid wages for that day at the overtime rate and is also allowed a substituted rest day with wages. (See Rules 23).
When a worker works in an employment for more than nine hours on any day or for more than forty-eight hours in any week, he shall in respect of overtime worked be entitled to wages in scheduled employment other than agriculture, at double the ordinary rate of wages.
waiting for more reply from other people.
16th January 2014 From India, Rudarpur
As regards overtime the provisions of the Factories Act reads as follows
59. Extra wages for overtime
(1) Where a worker works in a factory for more than nine hours in any day or for more than forty-eight hours in any week, he shall, in respect of overtime work, be entitled to wages at the rate of twice his ordinary rate of wages.
Regarding payment for Weekly off or national or festival holiday
If he has worked on above days, he is entitled to wages equivalent to one additional day.
Considering 4 weekly offs in a month and the number of calendar days in a month as 30, he will be entitled for 30 days wages. However, if he has worked on one day being his weekly off, he will be entitled to 31 days wages.
Trust the matter is clear.
17th January 2014 From India, Madras
and for time if i go as per your guideline then pl read and let me clear the statement as-
No employee shall be required to work on a day fixed as rest day, unless he is paid wages for that day at the overtime rate and is also allowed a substituted rest day with wages. (See Rules 23).
it means if any employee work in any rest day ( weekly off, national holiday or festival holiday) he will be entitled for thrice payment. because when he work on rest day that will be considered as over time so payment will be made as double and as he work on his rest day so he must be given a rest day in next five days.
17th January 2014 From India, Rudarpur