Thread Started by #Himanshu HRM

Due to year end one of our client company has lot of dispatch pending as workmen are denying to do overtime. They are paying overtime as per act. My question is can workmen deny to do overtime?
21st December 2016 From Singapore, Singapore
Dear Himanshu,

Is Singapore labour law & rules are same as india,If yes than following is rule for overtime.

Work Hours and Overtime Pay in India

Working Hours in India: As per the Factories Act 1948, every adult (a person who has completed 18 years of age) cannot work for more than 48 hours in a week and not more than 9 hours in a day. According to Section 51 of the Act, the spread over should not exceed 10-1/2 hours.

How many hours (maximum) per day, week and year can a person work?

As per the Factories Act 1948, every adult (a person who has completed 18 years of age) cannot work for more than 48 hours in a week and not more than 9 hours in a day. According to Section 51 of the Act, the spread over should not exceed 10-1/2 hours.

The Minimum Wages Act, 1948 also specifies about the working hours under the rules 20 to 25 that the number of work hours in a day should not exceed 9 hours for an adult.

What are provisions under the labour law for over time in India?

Provisions under the Act Factories Act, 1948

Details are mentioned regarding the working hours, spread over and overtime in Sec. 51, 54 to 56 & 59 of the Act :

Under Sec. 59 it is mentioned that where a worker works in a factory for more than 9 hours in any day or for more than 48 hours in any week, he/she shall, in respect of overtime work, be entitled to receive wages at the rate of twice his/her ordinary rate of wages.

If above mention statement is not applicable in yours case than worker denie to do overtime.

Experts on citehr , please correct if my statement is incorrect.

Thanks & Regards

Davinder Makhloga
22nd December 2016 From India, Ludhiana
Hi Himanshu,
As per my knowledge about Factories Act and State Factories Rules
Working overtime in India is a voluntary Act. The worker have its right to say yes to overtime or No to Overtime. The Factories cannot force them to work overtime, nor disciplinary action can be taken if they say no to Overtime. If the work load is high, encourage the worker by providing some incentive above and over the law.
Regards
Smita
22nd December 2016 From India, Gurgaon
Thanks for reply, Well Davinder our client comply by all rules still workmen denie to do overtime? Can we take legal action against them?
22nd December 2016 From Singapore, Singapore
If the Establishment has CERTIFIED STANDING ORDERS it will be there- REFUSAL TO DO OVER TIME WHEN REQUIRED
Please note that it is the business requirement which calls for O T and Employee has no option to DENY .
22nd December 2016 From India, Chennai
To add further The Employer can Initiate DISCIPLINARY ACTION in case of REFUSAL to do O T
If more Hours are required then EMPLOYER can seek APPROVAL from The Additional Director (SAFETY & HEALTH) earlier known as Joint Chief Inspector of Factories if the ESTABLISHMENT is a FACTORY
22nd December 2016 From India, Chennai
Agreeing to do Over Time is optional and is not a matter of right Col.Suresh Rathi
22nd December 2016 From India, Delhi
Yes. One can be called for overtime and one should be equally compensated.
22nd December 2016 From India, Ahmedabad
Col.SURESH RATHI Please validate your statement that to do over time is optional. I differ with your views as an employee is engaged primarily for meeting out the requirements of his/her EMPLOYER and in that process within the four walls of THE LAW, does not mean that he is not willing. It is not at his pleasure.
Payment of Wages also confirms WAGES/SALARY payable when TERMS of EMPLOYMENT is fulfilled. It was on this basis a TEXTILE SPINNING MILL, stand that Workers will not be paid Wages on a NATIONAL HOLIDAY since they did not turn up for the O T call , this was upheld by Madras High Court and later by The Apex Court.
So any view if supported by authentic judgment will convince members, Thanks for understandig
22nd December 2016 From India, Chennai
Thank You all for your views, Pasupathieswara: Well last question, client do not have certified standing order can we take disciplinary action on the base on Industrial Employment (model standing order) 1946 act which I read. And if yes than under which misconduct?
23rd December 2016 From Singapore, Singapore
Hi All,
Correct me if I am wrong.
No disciplinary actions can be taken if the worker refuse to work overtime. Overtime should always be voluntary. you cannot force a work to over work overtime. it will amount to forced labour. Further adding the same in the certified standing order will be violation of Constitution of India.( Free movement). if the worker denied or are not working for the period which he is legally entitled to work, then disciplinary action can be taken , not for overtime deny.
Thank you
Regards
Smita
23rd December 2016 From India, Gurgaon
Dear All,

Info as available.



What is Overtime?

Overtime refers to the time worked in excess of one’s regular working hours which, in India, is eight-nine hours per day and forty eight-fifty hours per week, depending upon the establishment one is employed under. If someone works for more than that regular working hours, one is eligible to get remuneration for that period twice one’s normal wage.

Overtime Laws in India

Several statutes enact upon overtime and overtime payment, and different Acts provide for a different period of working hours, the hour prescribed under the Factories Act, 1948 is taken as a standard period. According to Section 51 of the Act one is not supposed to work for more than 48 hours in a week and under Section 59, not more than nine hours a day. The time worked in excess to these 48 hours and 9 nine hours would fall under overtime under the Act and would require the employer to pay such employees wages at the rate which is twice the ordinary wage.

Section 14 of the Minimum Wages Act, 1948 lays down that where the minimum wage of an employee is fixed for a period of time and the employee works more than that period; he is to be paid for that extra time he has worked, at an overtime rate.

Under Section 33 of the Mines Act, 1952 if any mine worker works for more than nine hours above the ground and more than eight hours below it in a day or works for more than 48 hours in a week anywhere, whether above or below, he is entitled to be paid at the rate of twice his ordinary wage for the extra time he has worked. Also, the Act does not allow anyone to work for more than ten hours in a day inclusive of overtime under Section 36.

Under Section 17 and 18 of the Bidi and Cigar Workers (Conditions of Employment) Act, 1966, no one is to work for more than ten hours a day and fifty-four hours a week including overtime. Similarly, Under Plantation Labour Act, 1951 if one works for more than the normal number of hours he is to get overtime wages and also one should be allowed to work for more than nine hours in a day and 54 hours in a week in any case.

Overtime Laws for Women and Children

The factories Act, 1948 restricts the employment of women between 7:00 pm and 6:00 am that can be relaxed by the Chief inspector of factories in certain cases, if the relaxation done exceeds the normal period of working hour, they are to be paid the overtime. Even this relaxation is time bound, i.e. women, in no case may be required to work between 10:00 pm to 05:00 am.

Under the same Act, Section 75 specifies that no child below fourteen years of age can be employed in any factory, and children above fourteen who are eligible to work in a factory cannot be allowed to work for more than four and a half hour in a day and are not supposed to work between 10:00 p.m. and 06:00 a.m. and especially girl children are not allowed to work in any factory except between 8:00 am and 7:00 pm.

Other Things One Should Know

It is seen that in many employment agreements there is a clause which states that- the workers must/may be required to work overtime.

However, working overtime should be voluntary and not forced through an agreement. It should be the worker who should decide whether he wants to do overtime or not.

Where the employer asks for overtime, it should generally be in special circumstances such as to meet the sudden increase in demand, etc. Even in that case the employees should not be forced to do overtime.

Every establishment should have a register of overtime containing the details of the worker, the extra time he has given to work and the calculation of overtime amount.

Regards,

Col.Suresh Rathi
24th December 2016 From India, Delhi
HIMANSU Which STATE you belong to
Here is the TAMIL NADU STATE RULES
Wilful insubordination or disobedience, whether alone or in or in combination with another or others, of any lawful and reasonable order of the superior;
Breach of STANDING ORDERS
26th December 2016 From India, Chennai
Thank You All. Thank You Mr. pasupathieswaran, What I got from discussion is that we cannot force to do overtime but in case of business requirement, if employee denies then it can be consider as insubordination as per standing order act.
27th December 2016 From Singapore, Singapore
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