Please advise on the other aspects also of overtime payment to support staff of private management institute e.g. the salary to be considered for overtime payment and hours.
One of our staff joined on our payroll as Assistant in 2012 and left job in June 2015. In August 2015 he joined again as a new joinee only. He left job again in Mar. 2020. Now he is claiming for overtime payment from 2012 to 2020.
Our institute provides lunch and dinner (inside campus)and guest house facility (out of campus) to a few support staff hence mostly they mark their attendance when they leave the campus after taking their dinner. due to this though they work for 8 hours only but their attendance get marked for 10 or 12 hours because they leave the campus after dinner.
Q.1 On the basis of this situation can he claim overtime for extra hours?
Q.2 Can he claim overtime for the period of his previous employment with us from 2012 to June 2015 also?
Q.3 Can he claim for overtime amount calculation as double of his monthly gross salary?
From India, Greater Noida
No Shops and Establishments Act is applicable to any educational institution as it will not fall under the definitions of "shop" or "establishment" under the Act.
From India, Salem
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