Umakanthan53
Labour Law & Hr Consultant
Nagarkar Vinayak L
Hr And Employee Relations Consultant
Akhilesh HR
Senior Hr Executive

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Respected Seniors, We have paying the salary of over employees during the 22 march 2020 to till lockdown period ends , but after the lockdown and our working is started, at that times if workers can works for 9 to 10 overs in a day to move the production cycle in time , In that case is it necessary to give Over time of workers for working 1 or 2 hrs for at least (2 months), because the company has pay the salary during the lockdown situation.
Dear Akhilesh,

Whenever you extract work from the employees over and above their normal working hours, you have to pay them for the extra hours worked at the overtime rate. This is the legal position.

Paying wages to employees for the period they have not worked due to some calamitous situation like the nation-wide lock down, though not strictly a statutory obligation, but would certainly be a moral obligation of the employer who is the only source of fall back to the wage-earners during such inevitable occasions.

However, out of realization of the financial difficulties, if any of the employer, the employees may come forward volunteering to work extra hours on their own when the situation so demands. But it should be a spontaneous response and not out of any compulsion from the employer as a collateral for his earlier moral obligation.

Dear colleague,
Legal position is explained above. As the company has paid wages during the lockdown period, persuade the workers to reciprocate by working extra hours at single rate to make up for losses .
Regards,
Vinayak Nagarkar
HR and Employee Relations Consultant

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