Umakanthan53
Labour Law & Hr Consultant
Madhu.T.K
Industrial Relations And Labour Laws

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Dear Seniors please suggest...
According to Karnataka S & E act if any employees works for 10 hours on Holiday/Sunday ( actual working hours on regular day is 9 hours with 1 hour break on daily for 6 days )
Do we need to pay OT for 10 hours or 9 hours excluding break of 1 hour when worked in Holiday/Sunday.
please suggest.
basavaraj.


Dear Basavaraj,
I would like to invite your kind attention to the following provision of the Karnataka Shops and Establishments Act,1961:
"Section 12(4): It shall not be lawful for an employer to call an employee at, or for an employee to go to, his establishment or any other place for any work in connection with the business of his establishment on a weekly holiday given to the employee under sub section (3) or on a day on which such establishment remains closed."
I have no idea about any exemption granted to the above provision later.
Now, can you decide the answer for yourself?

From India, Salem
Overtime is the work done over and above the regular working hours. For deciding whether the employee is overstaying the regular working hours or not we can exclude the intervals of rest. But the period beyond the regular time, ie, overtime hours, should should be calculated inclusive of intervals of rest. In normal situation overtime will be for two or three hours and as such the question of interval or lunch/ dinner break will not apply. But if you are asking the employee to do overtime for more than four hours (though illegal as per law) you should pay for the interval for dinner also.
In the similar manner, if an employee is asked to work on a weekly off day on a condition that he will be compensated that weekly holiday within three days (so that the employee will not work continuously for more than ten days at a stretch and the legal side is complied with) he should get wages for that day at double the rate. The rate of wages is obviously for a day of 9 hours including intervals of rest. The overtime rate should also be based on that daily average rate of wages per day, ie, including intervals.

From India, Kannur
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