Respected Sir,
1. If an employee reached 48 hours in a week and 12hours in a day 12*6=72 hours (1 Weekly off). How many hours of Supposed pay.
2. If an employee reached 48 hours in a week and 12 hours in a day 12*5=60 hours (2 Weekly off). How many hours of Supposed pay.
Company is belonging under factories act.
Thanks.

From India, Guntur
Dear Irfan,

As per Factories Act, OT hours has to be calculated either after fulfilling 48 hrs in a week then rest hours is OT hours or in case 48 hrs has not been normal hrs then 9 hrs daily and the rest hours are OT hours. It should be always in favour of the employee.

In your first case the employee has been worked 6 days in a week i.e fulfilled the condition of 48 hours. Therefore, rest of the hours will be OT hours. Total hours will be required to pay 48

+ 4*2*6 = 96 hrs.

In your second case the employee has been worked for 5 days i.e. 40 hours normal work and 4 hrs OT every day. If we fulfill the condition 48 hours , then 8 hrs will be single rate and (20 - 8 ) = 12 hours will be OT double hours. Therefore the employee will get 40+8+12*2 = 72 hrs payment. Now, if we consider 9 hrs per day of which 1 hr single hr and rest OT hrs double the rate , the the employee will get payment for 40 + 1*5 + 3*5*2 = 75 hrs. Therefore, the employee will be eligible for 75 hrs payment.

This is famously known at industry as single-double hours OT.

Thanks & Regards,

S K Bandyopadhyay ( WB, Howrah)

CEO-USD HR Solutions

+91 98310 81531

www.usdhrs.in

From India, New Delhi
Dear Irfan,
While calculating the total hours I have been considered the interval of rest hours as paid hours. If any organization is not interested to pay interval of rest hours, they may drop it. Industry practice are both vary from organization to organization. So far my knowledge goes, factories act is silent in this matter.
Thanks & regards,
S K Bandyopadhyay ( WB, Howrah)
CEO-USD HR Solutions
+91 98310 81531
USD HR Solutions – To Strive towards excellence with effort and integrity

From India, New Delhi
Dear Bandyopadhyay Sir,
I work for a Pvt. Hospital here in Assam and the clinical shift timings are 6Hrs - 6Hrs - 12Hrs (Morning-Afternoon-Night). My question is what would be the policy for calculation and payment of overtime for such shift timings. Such shift timings do not comply with the work hours mentioned under the legislation. Seek your advice.
Rajib Kumar Dutta
Excelcare Hospitals

From India, Guwahati
Dear Rajib,

Your case is a very common exploitation system in India. Security guards, Hospital staff, House keeping staff etc. are engaged for 12 hrs duty which is absolutely illegal. But the system is continuing years together. Everyday 12 hrs duty should not be in any system.

As per your query, the payment should be 8 hrs normal and 4 * 2 = 8 hrs OT. Probably you are paid some extra max to max 12 hrs single rate - no OT.

So long you will continue the job, you have to suffer. Even reporting to authority - usually nothing is happen. You may lost job if it is known to your employer that you have reported to authority. If there is any union(s), it will be better if they take it up with management and the authority.

S K Bandyopadhyay ( WB, Howrah)

CEO-USD HR Solutions

+91 98310 81531

USD HR Solutions – To Strive towards excellence with effort and integrity

From India, New Delhi

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