Hello, I have below queries.
1) If an organization is a Pvt. Ltd. Ad Agency, does it come under Shop and Establishment Act, Minimum Wages act and Overtime act?
2) If we are made to work for more than 9 hours a day, can we ask for overtime?
3) Does the overtime rule depends completely on the organization, whether to pay or not?
4) What can be done, in case, overtime rule is applicable and organization is denying the same?
Any kind of help will be highly appreciated.
Regards,
Pushkaraj N.

From India, Mumbai
1. Yours is an establishment under shops act & minimum wages act is applicable to it. There is no such thing as Overtime ACT.
2. If you work for 5 days a week then there is no instance of overtime because max 9 hours per day & 48 hours per week are the limits for considering overtime wages. If you work for 6 days a week, the weekly working hours become 54 which contravene Maharashtra Shops Act. So employer will have to pay 1 hour overtime wages for each day. If this is done every day employer will contravene employee quarterly overtime limit. Employee working for more than 9 hours per day can claim overtime, if entitled to receive it.
3. Overtime is specified in act, org can't be less favourable in the rules. Overtime wages are to be calculated on double the monthly gross rate of wages.
4. Slowly & softly bring up the subject to the notice of the org . If nothing happens meet Shops inspector or Government labour officer of your area & seek her / his help.

From India, Mumbai
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