Asso.prof.(commerce & Management)
Manager Hr
Insolvency N Gst Professional

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Is Overtime discretionary on the workmen side? What should we do when workmen refused to do overtime? Are there related judgements available? The union is claiming that you cannot compel the workmen and they will do overtime only when they are willing to do overtime. Union is challenging to show us any proof (in act/rules/judgements) for compulsory overtime. Pls. share your expert opinion.
From India, Chennai
Hello Arasar,
OT is extra time work over & above normal duty hours. OT resorted to perform certain tasks which are urgent and to hit the target/schedule or inevitable repairs & maintenance. The onus is on the employer's side.As such there is no discretion on the part of workmen to insist for OT work. Sometimes supervisors/shop floor managers use this tool to please the workmen and many a time open to nepotism/favourtism. There is no provision to force an unwilling worker to do OT. With proper planning & work study necessity to use OT option can be either eliminated or reduced to the minimum as OT allowance bound to push up employee cost. However there is also no possibility to penalise unwilling workmen refusing to oblige OT. At the same time such refusal may be reflected/dealt during assessment of /performance review & promotions, increments.

From India, Bangalore
OT can be denied by the Workman but not every time offered by the Employer if after due notice to respective workman to do overtime if it is refused then such employee need to be observed strictly in workplace and company can initiate enquiry against such workman/men.
From India, Pune
Legally you can't force an employee to do OT even under unavoidable situations.
Instead leave him as such, monitor, reduce the increment percentage or do not raise his salary stating non-flexible in timings; but ensure you are paying him min. wages.
Reduce the bonus also to statute and do not pay more.

From India, Chennai
As long as a workman is doing the working hours as stipulated in Sec59 Factories Act, management cannot compel them to do OT.
From India, Pune
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