Calcluation Of OT - CiteHR
Tushar.swar
Manager - Human Resource
Ramit1416
Employee
+3 Others

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Dear All Can we calculate lunch hour as overtime if any contract labour performed job in that hour and taking lunch after completion of job ? Please suggest.
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Dear Pawan,
As i believe that, your orginsation is cover under the shops & Estl. act, & as per said the act, working hours can't be stress continues more than 5hrs, every 5hrs, you need to give a break of alteast 1hrs.
Treating the Lunch time as OT can be lead exploitation of statutory law as well as employees health also.
for more details you may check the your shops & Establishment act or factory act, whichever is applicable to your orgnisation,.
Dear Pawan, Treating the Lunch time as OT can be lead exploitation of statutory law as well as employees health also. It also Compliance voilation. In other way, You can adjust lunch hour time.
Dear Tushar,

Need your view on Calculation of Overtime under Bombay Shop Act, As per Section 14,16 & 17, reproduced herein below:-

Subject to Sub section (1) of Section 14 ‘No employee shall be required or allowed to work in any shops or commercial establishment for more than 9 hours in any day and 48 hours in any week.

(2) Any employee may be required or allowed to work in a shops or commercial establishment for any period in excess of the limit fixed under sub - section (1), if such period does not exceed 6 hours in any week

16. Spread-over in shops.-The spread-over of an employee in a shop shall not exceed eleven hours in any day:

Provided that in cases where any shop is on any day entirely closed for a continuous period of not less than three hours, the spread-over shall not exceed twelve hours in that day:

Provided also that where an employee works on any day in accordance with the provisions of sub-section (2) of section 14, the spread-over shall not exceed fourteen hours in any such day and where he works on any day in accordance with the provisions of sub-section (3) of the said section, the spread-over shall not exceed sixteen hours in any such day.

.

*Section 17 the spread – over of an employee in a commercial establishment shall not exceed 11 hours in any day.

My Query is How to derive the OT after availing all the provision of Shop Act by the employee then OT has to be calculated OR by Following Sec 14 only.

Kindly revert on the same.
Overtime wages are payable for working beyond 8 hours.
Section 16 is only for 'shops'; not relevant for establishments. This provision was basically included for shops that remain closed in the afternoons.
Spread-over of 11 hours permitted in establishment means employee can be given 3 hours of rest out of 11 hours.
Shrikant Prabhudesai

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