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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?
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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
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
Thanks for reply, Well Davinder our client comply by all rules still workmen denie to do overtime? Can we take legal action against them?
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 .
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
Agreeing to do Over Time is optional and is not a matter of right Col.Suresh Rathi
Yes. One can be called for overtime and one should be equally compensated.
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
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?
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