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As per Factories Act if any employee works for more than 48 hours per week or more than 9 hours per day ( whichever in favour of worker ) will be overtime hours. In the instant case it appears that the working hours per day is 9.5. hours. If we read the sections 54, 55, 56 & 59 of Factories Act, it appears that maximum spread over including rest is allowed up to 10.5 hrs and in this case with half an hours rest ( Sec-55) it will be 10 hrs. Allowed as per Factories Act. Discuss with the local Factory Inspector for his opinion.
But it will attract OT half an hour everyday beyond 9 hrs working hrs per day. Therefore, the total OT hours will be 0.5 x 5 = 2.5 hrs per week and will be required to pay for 5 hrs at double the rate. It appears that working for 47.5 hours per week, it will be required to pay 45 + 5 = 50 hours wages.
Thanks and regards,
S K Bandyopadhyay
USD HR Solutions
+91 98310 81531
17th February 2016 From India, New Delhi
Please refer the below mentioned working hours provision of factory act.
An adult worker shall not be employed for more than 48 (forty eight) hours in a week and not more than 9 (nine) hours in a day. A compulsory rest of at least half an hour (30 minutes) between each period of work and such period of work shall not exceed five hours. Total period of work inclusive of rest interval cannot be more than 10.5 hours. The Chief Inspector may by giving a reason in writing increase the workday time up to twelve hours.
Also it is important to understand the rest intervals that is provided..the 9.5 hours that you have stated includes how much of rest interval..
17th February 2016 From India, Pune