jyotideshwal555@gmail.com
3

Hello, I am working in a manufacturing Co. as an HR Executive there when Labour does work above the 8 hrs they are consider for the over time but when staff member does the work above the 8 hrs. they don't consider for the over time. So plz suggest me that is it correct statement of My Boss that staff has no right for Over Time. Does factory act have different rules for Labour or Staff?
From India, Bagpat
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Umakanthan53
Labour Law & Hr Consultant

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umakanthan53
5922

Dear Jyoti,
There exists a very long thread about who are the people falling under the definition of the term "worker" as per section 2(l) of the Factories Act,1948. If the office is located within the factory premises, then the members of staff working therein would be covered by the provisions of the FA,1948 and as such they are certainly entitled to overtime wages u/s 59 of the Act. If it is situated elsewhere and falls under the purview of the State Shops and Establishments Act, then also they are entitled to OT wages.

From India, Salem
Anonymous
Which authority to file complaint for non-payment of OT to entire staff ?
From India, Chikhli
umakanthan53
5922

If the monthly gross wages remain Rs.24000/= or below, such employees can file a claim u/s 15(2) of the PWA,1936 either themselves or through any trade union or an inspector under the Act before the Authority under the Act(normally a DCL).
From India, Salem

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