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Anonymous
Dear Seniors
Pls clarify my following queries..
1) as per factory act. How many maximum hours is allowed to do over time?
2) due to business requirement we are planning to start Night shift. Pls clarify will i have to intimate to labour deptt. For working in Night shift?
Regds
Ankit

From India, Jaipur
Anonymous
Dear Seniors Did i asked something so vague that couldn’t let to attract not even single reply. Any way still seniors are requested to guide me on above query..... Thanks in Advance
From India, Jaipur
Dear Member

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

Act 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.

Mines Act, 1952

Under Sec. 28 to 30 of the Act it is mentioned that no person employed in a mine shall be required or allowed to work in the mine for more than 10 hours in any day inclusive of overtime.

Minimum Wages Act, 1948



• Under Sec. 33 it is mentioned that for overtime wages are to be paid at the rate of twice the ordinary rates of wages of the worker. It mentions that the employer can take actual work on any day upto 9 hours in a 12 hours shift. But he must pay double the rates for any hour or part of an hour of actual work in excess of nine hours or for more than 48 hours in any week.

• Sec. 14 of the Act mentions that any worker whose minimum rate of wages are fixed with wage period of time, such as by hour, by the day or by any such period and if a worker works more than that number of hours, it is considered to be overtime. In case if the number of hours constituting a normal working day exceeds the given limit, then the employer will have to pay him for every hour or for part of an hour for which he has worked in excess at the overtime rate.

Bidi and Cigar Workers (Conditions of Employment) Act, 1966

Under Sec. 17 & 18 of the Act relating to working hours, it is mentioned that the period of work including over time work should not exceed 10 hours in a day and 54 hours in a week.

Contract Labour (Regulation & Abolition) Act, 1970

As per Rule 79 of the Act, it is compulsory for every contractor to maintain a Register of Overtime in Form XXIII which will contain all details relating to overtime calculation, hours of extra work, name of employee, etc.

Building and Other Construction Workers (Regulation of Employment Service) Act, 1996

Under Section 28 & 29 of the Act, it is mentioned that worker who is working overtime will be paid Overtime wages at the rate of twice the ordinary rate of wages.

Working Journalist (Conditions of Service) and Miscellaneous Provisions Act, 1955 As per Rule 10 of the Act, it is mentioned that a working journalist who works for more than 6 hours on any day in day shift and more than 5½ hours in night shift shall be compensated with rest hours equal to hours for which he/she has worked overtime.

Plantation Labour Act, 1951

As per section 19 of the Act where an adult worker works in any plantation on any day in excess of the number of hours constituting a normal working day or for more than 48 hours in any week, he/she shall, in respect of such overtime work, be entitled to twice the rates of ordinary wages. Provided that no such worker shall be allowed to work for more than 9 hours on any day and more than 54 hours in any week.

From India, Kolkata

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