Dear Sirs, I want to know if any employee work in 12 hours shift, and as per minimum wages his salary is 11000/- PM and we are paying him 20000/- PM, then can we show his 9000/- salary as extra work or OT Amount.
From India, Chennai

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You cannot arbitrarily apportion a portion to be OT and have you taken permission for OT, in case you are referring to factory. OT has to be calculated at double the rate of wages for every hour worked >9hrs/per day or >48 hrs per week. 12 hour shift is not allowed anywhere. Even if it is allowed, the OT amount would be again Rs. 11,000 as an employee works for 104 hours (26X4) and at the OT rate of double wages it is again the same as salary. (26X8 = 208 hours). Though the figure sounds attractive, yet it falls very much short of due compliance of calculation of OT wages.
From India, Mumbai
Abide by min wages and statutory compliance for 8 hrs.Calculate rate per day and per hr for 8 hr wages calculated and then calculate hr of OT done, convert into per day and applyincluding compliances applicable for OT too.
From India, Vadodara

The Code provides that in case an employee works on any day in excess of the number of hours constituting a normal working day, the employer is to pay him for every hour or for part of an hour so worked in excess, at the overtime rate which should not be less than twice the normal rate of wages.
Eight hours working day would be mandatory under the Code of Wages. There is no change in the working hours provision as provided under the Factory Act.
Any other tinkering with wages will attract adverse attention of Factory Inspector and other labour officials.
Please follow law to the maximum to avoid adverse effects

From India, Pune
Dear Sunil,
51, 54 to 56 & 59 of the Act : Under Sec. 59 it is mentioned that where a worker works in a factory for more than 9 hours in any day or for more than 48 hours in any week, he/she shall, in respect of overtime work, be entitled to receive wages at the rate of twice his/her ordinary rate of wages.

From India, New Delhi
As per factory act 1948. OT has to be calculated at double the rate of wages for every hour worked >9hrs/per day or >48 hrs per week. 12 hour shift is not allowed anywhere.
If you take work from employee as extra work then pay him double OT and mention its clearly . its a illegal .

From India, Noida
12 Hours shifts is not allowed anywhere. Special permission mandatory for 12 hours shift by Inspector in special conditions.
Incluting OT 60 Hours in a week is applicable. More than 60 Hours against Govt factory act.
It's my personal view, Don't show overtime, show incentive or special allowance and paid him.

From India, Noida

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