p.rama_chandran
Hello Seniors,
My name is Ram. working as a HR Manager in a private company. I have a query related to overtime under Factories act.. If a executive working in a factory holding an officer grade will be eligible for overtime or not. Please suggest.
Regards
Ram
08939668933

From India, Mumbai
PROFESSIONALS AND BUSINESSES PARTICIPATING IN DISCUSSION
Saswatabanerjee
Partner - Risk Management
Rdsyadav
Educator, Management Consultant & Trainer
Ommygautam
Plant Hr Head
Rakesh_bhagat26@rediffmail.com
Sr. Executive (hr & Admin)
Nathrao
Insolvency N Gst Professional
Rajesh Kumar Dubey
Manager - Hr
Yrshirke
Hr / Ir
Jsnegi
Service
P.rama_chandran
Student (pursuing Mpm Third Semester)
+2 Others

Rajesh Kumar Dubey
66

Dear Ram
This is totally based and decided by your management regarding the extra working done by officers .
As per provision under factory act , if any person works beyond the time frame as approved in Form 11
by the factory Inspector, he will be entitled for OT payment.
First You should consider the person and its grade / category are mentioned in certified standing order. if such you have to pay accordingly ie under factory act.
If not , you may pay it as exgratia as per previling practices at present or near by your factory area or his appointment conditions

From India
rakesh_bhagat26@rediffmail.com
62

Dear Ram,
I am cent percent agree with Mr. Rajesh Kumar Dubey....
According to factory act any employee who works beyond the time (ie after 08 hours), he will be entitled for OT.
But you must go through with your standing orders and appointment letter and policy..

From India, Delhi
saswatabanerjee
2375

Factories act does not distinguish between grades. Everyone in the factory is a worker except the factory manager and occupier.
The overtime rule is very simple - double of gross rate. and it applies to all workers. So it applies to all managers as well.
There are some exemptions under section 64 and the relevant rules (100 a 102 in Maharashtra). If the person falls under that exemption he is exempt from overtime rules (to the extent provided in the rules)
Legally everyone else is liable.
But also check if there is any provision to the contrary in your standing orders.

From India, Mumbai
ommygautam
70

जन्हा तक मै समझता हूँ अगर कोई भी व्यक्ति किसी कारखाने में शिफ्टों में काम करता है तो वह अतिकाल (ओवरटाइम) के लिए हक़दार होगा और जो भी व्यक्ति जनरल शिफ्ट में आता है या जनरल शिफ्ट में ड्यूटी करता है वो ओवरटाइम का हकदार नहीं होगा ! कुछ कम्पनियाँ शिफ्टों में काम करने वाले उन लोगों को ओवरटाइम के दायरे से बहार रखती हैं जिनका मूल वेतन सरकार द्वारा निर्धारित न्यूनतम वेतन से ज्यादा होता है और उनको सी -ऑफ जैसी सुविधाएं प्रदान की जाती हैं !

साधारणतया जो भी व्यक्ति न्यूनतम वेतन के दायरे में आता है वो अतिकाल का हकदार होगा !

From India, Rudarpur
bunti
8

Factory act and all other Labour Laws applicable on Workmen ,if person comes under the category of workmen then he will be eligible for OT otherwise not . Regards, Ashish
From India, Velluru
nathrao
3129

A reading of Sec 64 of Factories act may be relevant to this discussion.
From India, Pune
jsnegi
11

As per factory act maximum over time in a quarter is 50 hrs but that to is depend on the exigency of work & you will have to take permission from factory inspector describing why you need overtime basically over time is granted generally for maintenance work other wise if your are working in shift there is no need of overtime except due to absenteeism. As far as officer ranked person is comes under overtime or not depend on the policy of the company although you will have to pay for extra work weather you compensate as leave for pay in cash/ kind.
From United States, Chicago
yrshirke
25

Banerjee & Nathrao explained correctly .One has to check definition under Workman and applicability to concerned employee.Otherwise C/Off or equivalant can be considered
From India, Mumbai
Rajesh Kumar Dubey
66

My Dear Friends
You should concentrate about the person who are working extra
Whether he is worker or Supervisory cedar
Entitlement Of OT Payment specifically relates to the person who falls under the category of workmen
If company's standing order differs about the person / difnition engaged , compensation varries

From India

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