Labour Law & Hr Consultant

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Dear All Seniors,
G.Morning. i am very confused regarding overtime payment and payment for working in rest day)weekly off).
i want to know what is difference between overtime( more than 48 hrs in a week) payment and rest day ( weekly off) payment. if Mr. X is a employee and he works from Monday to Saturday 54 Hrs. ( 08X06=48 Hrs of Duty and rest 06 hrs is as OT), and after a week he worked in his rest day, i.e Sunday, then how the payment will be made in both case.
in another query if Mr. X works in a festival Holiday and in national holiday then how to make payment?
all seniors are requested to reply.

Dear Gautham,
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 per the applicable Statute.

Thank you boss, but pl. clear me meaning of given below statement under the Section -23(4) of Minimum wages Rules 1950 as given below-
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:

Dear Gautham,
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).

Dear Sir,

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.

Greetings Gautam,
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.

thank you boss but i am not agree with you statement. because if we consider that day as a overtime as more people say, then we have to pay double wages. so 31 days payment will be wrong. we have to pay him 32 days wages.
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.

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