Umakanthan53
Labour Law & Hr Consultant
Nagarkar Vinayak L
Hr And Employee Relations Consultant
[email protected]
Retired Government Servant/advocate
Nathrao
Insolvency N Gst Professional

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Dear Experts, We have around 100 Labours in our organization in Karnataka. In our company there is practice of giving 4 hours OT daily ( Monday to Saturday) to all employees. This practice were made by our old management. Management is decided to give only salary ( Basic + DA + HRA + Special Allowance ) and not ready to pay 4 hours OT to all labours during this Lockdown period.
But now there is threat like, Labour will file against company case by showing payslip per day 4 hours OT which means weakly 24 hours and monthly 96 hours.
Kindly advise how to handle this situation.

From India, Chennai
Dear Palani,
Over time wages is payable only when the employee is required to do the work beyond his normal working hours. During the entire period of lock down, if the employees are not at all required to work or required to work from home for the duration of normal working hours only, OT wages can not be claimed as a matter of convention which is totally wrong and against the relevant provisions of law. So, simply ignore such threat.
In future, be strictly compliant with the provisions of law relating to over time work.

From India, Salem
Was over time being paid by management daily without actual work?
What are the limits for OT in Karnataka? 75 hrs per qtr??
On paper a violation is being shown?
This is where HR comes into picture of advicing compliance with labour laws,Maximum OT hrs etc.
For how long has this practise of OT been going on?
This kind of payment becomes difficult to stop when it has been going on as a practise.
Tactful handling of the issue is important as management can fave trouble from employees who are used to higher salaries and from factory Inspector who will point out violation of laid down maximum OT hrs.

From India, Pune
There is no obligation at all on the part of the management to pay overtime wages, when overtime work is, actually, neither assigned nor performed.
From India, Kochi
Dear Colleague,
You have been giving daily overtime of four hours to all workmen by throwing statutory limits to wind.
However, on the other hand, requiring workman to work overtime within the ambit of the legal provisions, is management's right. At the same time workers' cannot claim OT as a matter of right let alone when no actual OT hours being worked.
In my view , workers' contention in this regard will not stand the test of law but any dispute at hand , you will have to resolve amicably through talks across the table.
Regards,
Vinayak Nagarkar
HR and Employee Relations Consultant

From India, Mumbai
Dear Palani,
If you have been paying extra four hours for normal working of 8 hours is nothing but the wages package of the employee. The amount is shown against over time, will not be absolved by your theory.
You have to pay full amount ( Basic + DA + HRA + Special Allowance+OT ) but not ( Basic + DA + HRA + Special Allowance ).
It is better to sort out the matter by discussing with the employees. You have left with no option,if the matter goes to legal count because of gross negligence. You can not produce the record for over time hours of past period. In current situation, your maximum employee will agree on option of management, if employees are taken into confidence.

From India, Mumbai
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