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Dear Experts, 1. Is Wages/OT needs to pay for rest or intervals....? 2.If an employee reached 48 hours in a week and 12 in a day 12*6=72 hours. How many hours of Supposed to pay. Thanks.
From India, Guntur
Labour Law & Hr Consultant
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Inadvertently, there is no mention in the post about the type of the establishment such as a factory, shop or other establishment. Daily hours of work differ from establishment to establishment. For example, in a factory it is 9 hours per day (sec.54 of the FA,1948) subject to a maximum of 48 hours in a week (sec.51). In a mine it is the same for employees required to work above the ground (sec.30 of the Mines Act,1952) and in respect of employees required to work below the ground, it is 8 hours a day( sec.31). To my knowledge, 8 hours a day is the standard norm of daily working hours in every other establishment - specific law. However, no employee can be required to work continuously for 8 hours in any day; he has to be allowed a rest interval of at least half an hour after a continuous stretch of 5 hours of working. Thus the concept of spread-over is introduced in such laws. Simply put, spread over is the continuous stretch of time during which the employee remains at the disposal of the employer. It is 10 1/2 hours under the Factories Act (sec.54)., 12 hours under the Mines Act,[sec.30(2)] and the Motor Transports Workers Act, 1961. Thus it varies according to the type of the establishment though it is a continuous stretch of hours the employee remains at the disposal of his employer from signing on to signing off inclusive of actual working hours and intervals for rest.
Coming to overtime work, it is generally restricted by the daily spread over, total no of hours of work in a month or quarter including O.T etc., in almost all the establishment specific labor laws. For instance sec.65 of the Factories Act,1948 granting power of exemption to periods of work in respect of certain factories depending on their nature of work. The summary of this exemption is that though daily 4 hours of OT can be allowed within the extended spread over of 13.5 hours a day, it has to be within the limits of 12 hours of work per day, total 60 hours of work per week including overtime work and 75 hours of O.T in a quarter.
1) Rest intervals are not paid
2) Normally, O.T cannot be more than one hour a day. But, in case of exemption obtained u/s 65 of the Factories Act,1948 it can be more subject to the restrictions imposed u/s 65(3) of the Act.

From India, Salem

Considering the organization is covered under Factories Act, my observations are as follows :-

1. So far my knowledge goes and Factories Act is concerned, it is silent about payment of interval of rest in normal working hours and also in case of OT. From practice at MNCs and big Indian Organizations I have observed that in case of 3 shift work it is 7.5 hrs work and 0.5 hrs interval of rest but the employees are paid for 8 hrs per day . Duty hours are 6 am to 2 pm , 2 pm to 10 pm & 10 pm to 6 am ( next day ). Therefore, in the above condition interval of rest are paid.

Again in General Shift the employees are working say 9 am to 5.30 pm with half an hour interval of rest and paid for 8 hrs only - no payment for interval of rest as the total hours including interval of rest is 8.5 hrs.

2. In case of OT usually no payment for interval of rest.

3. The employee has worked 48 hours in a week and 4 hrs OT all 6 days in a week The employee will get payment for 48 + 4 *6*2 = 96 hrs.

S K Bandyopadhyay ( WB, Howrah)

CEO-USD HR Solutions

From India, New Delhi

In case of OT , there are organizations are also paying for the interval of rest - I just checked with 2 organizations.
In above while calculating Total hours I have considered the OT payment for interval of rest. If any organization is not interested to pay for interval of rest, they may do so.
S K Bandyopadhyay ( WB, Howrah)
CEO-USD HR Solutions

From India, New Delhi

I would like to add on some more . whenever you are going to run a factory , you have to take approval of running shift for your factory from the concern department where as you have to mentioned about the shift and their respective timing including over time. one more thing there are 02 type of process -
01. continuous process and 02 - non continuous process
In continuous process there is no option to stop the production that's why the shift timing of this type process is from 06 to 02 , 02 to 10 & 10 to 06 ( for 08 Hrs.) but when we talk about the non continuous process where plant will stop for lunch then shift timing will be 06 to 02:30, 20:30 to 11 etc. (for 08:30 Hours for lunch). now talking about the Over time it will start after your approved shift either after 08 hours or after 80:30 hours depend of approval.

From India, Rudarpur

1. Is Wages/OT needs to pay for rest or intervals....?
Ans 1 : NO. Because the rest or interval hours is the part of 8 hours of shift. This type of question arises, when we do not adhere to the norms of act & rules and engage people to work on launch or rest hour. Therefore, keeping all the above point in mind the industrial engineering department suggest the number of workmen required per shift for the establishment engaged in continuous process.
2.If an employee reached 48 hours in a week and 12 in a day 12*6=72 hours. How many hours of Supposed to pay.
Ans 2: OT to be paid for @ double the rate for 28 hours.

From India, Mumbai

From te above post of Mr. Prabhat, I have the following observations.

1.0 In question no. 1 the answer is "NO". In case of 3 shifts work, employee works for 7.5 hrs and 0.5 hrs interval of rest but they are paid for 8 hrs. Therefore, working 7.5 hrs payment for 8 hrs. To my opinion the answer in this case is "YES ".

Again in case of General Shift - 9 am to 5.30 pm total duty hrs including interval of rest is 8.5 hrs of which 8 hrs is working hours and 0.5 hrs is interval of rest. Employee is paid for 8 hrs only. In this case the answer is "NO ".

Therefore , to my opinion the answer may be "YES " or may be "NO ' will vary for different conditions.

2.0 The employee has worked for 72 hours of which 48 hours is normal duty and 24 hrs OT. Therefore , OT to be paid for @ double the rate for 24 hrs. It is not clear how is it 28 hours.

Requesting to clarify if there is any different thought process.

S K Bandyopadhyay ( WB, Howrah)
+9198310 81531

From India, New Delhi

Seeing the answers given so far, i am wondering if i am reading the question wrong.

Unfortunately, the original poster has not responded.

My opinion is as below:

1. Rest or Intervals are a part of the work day and the work time actually includes mandatory or allowed intervals for rest.

Therefore, when a person is on overtime, he will be paid overtime for the entire time he is at the work place whether he is activly doing the work or is taking allowed / mandatory rest. You can not deduct the minutes he has taken rest from the overtime hours.

Therefore if the shift got over at 3 pm, and the employee works till 6 pm, he will be entitled to 3 hours of over time (at double of his normal rate) even if he was given a break of 10-15 min in the middle. You can not say he will be paid only for 2:45 hours because he did not work for 15 minutes. If you do such a thing, it is a violation of the law.

From India, Mumbai

Dear Mr. S K Bandyopadhyay,
The question was Wages/OT needs to pay for rest or intervals or not : The obvious answer would be "NO". It is a basic understanding that people get paid @ rate of OT, if engaged at work during launch or rest hour.

From India, Mumbai

Dear Prabhat Mohanty
I am a little confused.
You are saying people do not get paid for rest and intervals
and then you are saying they get paid OT for working in lunch / rest hour.
Could you explain?
Also, is it allowed to ask someone to work during rest / lunch? I think factory act at least is very clear that there is a mandatory rest people after 5 hours of work

From India, Mumbai
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