Madhu.T.K
Industrial Relations And Labour Laws
+1 Other

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Dear Seniors,
If organization having weekly off on Thursday & Employee Availed Leave ( PL/EL/SL/CL) on Friday & Saturday
In case If employee works Sunday - 10 Hours, Monday - 10 Hours, Tuesday - 10 Hours, Wednesday - 10 Hours then can employee ask for Overtime for 2 hours daily?
But as per factories act he has not worked more than 48 hours i.e. he worked only up to 40 hours as per above calculation?
Thanks in Advance?
Regard,
Prashant

It is true that overtime wages is payable only when an employee has worked for more than 48 hours in a week. But an employee who is on leave to which he is eligible is considered as worked for all purposes including deciding his eligibility for annual leave with wages, bonus, gratuity and other benefits. Moreover, he is paid for that leave day. If you consider it, he will certainly be eligible for overtime wages. At the same time, in respect of a daily rated worker who is not paid for the day on which remains absent or who is not called for work the principle of 48 hours will work. Normally, whenever an employee has not worked for the entire 6 days in a week, but at the same time, on working days he has worked for more than 8 hours, overtime at single rate may be paid. There is nothing wrong in doing so because overtime beyond 48 hours is to be paid at double the rate of wages.
Madhu T K

Dear Prashant,
My observations on your query are as follows:-
Overtime Hours Calculation as per Factories Act.
As per Sec-59 of the Factories Act – Where a worker works in a factory for more than nine hours in a day or for more that forty-eight hours in a week, he shall , in respect of overtime work, be entitled to wages at the rate of twice his ordinary rate of wages.
For the purposes of this sub-section in computing the earnings for the days on which worker actually worked ……… Sec- 59(3) –Explanation.
In the instant case the worker has worked for 4 days and in each day 10 hours. If we follow the Factories act it will be – 8 hrs normal + 1 hr single + 1 hr double = 8+1+1x2 = 11hrs per day.
As Mr. Madhu T.K has been suggested to pay OT any hours beyond working hours has been followed by many companies including MNCs. Choice is yours as per the your Organization culture, rule etc.
Thanks & Regds.,
S K Bandyopadhyay(West Bengal)
+91 98310 81531

USD HR Solutions – To Strive towards excellence with effort and integrity

There is one more interpretation to the concept of 9 hours working and that is, if you have worked for 9 hours a day, no overtime wages will accrue but if the working hours exceed 9 hours, then overtime at double the rate is to be paid for the hours which exceeded 8 hours. That is to say, if you work for just 9 hours a day without going for 48 hours a week, no overtime wage can be claimed whereas if you work for 10 hours, then the overtime is to be paid for 2 hours and not for one hour which exceeded 9 hours.
Madhu T K

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