You need to refer the Law relating to working hours in Factory Act as applicable to you. You can not have working hours for more than 48 in a week and 9 in a day.
If you are engaging any employee for more than 48 hours in a week and 9 hours in a day, you are liable to pay overtime wages at twice the rate of ordinary wages to such employee. You also need to see the rule of restricting overtime hours under the Factory Rules as applicable in your State.
This working hours are applicable to the piece rated employees also. But one thing I failed to understand that how the construction workers are paid on peace rate basis? What is the criteria?
I know construction workers are paid on measurement basis or "Hazeri" basis.
Peace rate or measurement rate or hazeri rate should be fixed such a way that wages for nine hours of work should not be less than minimum wage rate.
Time Rate and Piece Rate are different. What we pay to bottom line worker is important. In this case the Civil Contractor is getting payment on piece rate basis. This is perfectly fine. But he may be paying his workers on time rate or piece rate. Ordinary mazoors, office staff will be time rate. Centering work, Painter, Electrician are paid on job basis i.e. piece rate. But in turn they may be paying their workers on time rate.
In case of time rate, work is restricted to average 8 hours a day or 48 hours a week. Work more than that has to be paid at overtime rate, which twice the normal rate of wages. Here also, there are many many employers who do pay at single rate.
In case of piece rate, the law says that in any case the piece rate wages cannot be less than the time rate of wages. This means if worker produces less, and his payment comes to X according to piece rate, and time rate is X + Y, then he must be paid X + Y. If piece rate wages come to X + Y + Z then the worker must be paid X + Y + Z.
Now a days, piece rate wages are in certain segments only. So also, mostly all workers are paid time rate or piece rate. Combination is very rare.
Labour Management Advisor and Union Leader.