If an employee punches before work hours and demands overtime pay without prior approval from the team head or supervisor, is the organization entitled to pay?
From India, Bengaluru

Dear Colleague,
Overtime is paid based on the excess hours of work over and above the regular working time. In case of the hours punched beyond shift time close needs to be taken into account for calculating OT. In the given scenario, it seems that there is laps in Supervision and in the Tracking Mechanism. Pull our the data from the digital tool and analyze before deciding to pay or not to pay. Further improve the system and controls too so that wrong claims of OT will not arise.

From India, Chennai

we have come across such cases in a factory a few months ago.
The Factory Act actually clearly states that the employee is eligible to payment as soon as he enters the factory and till he leaves, unless you have clear proof that the person was not doing work. It is presumed that he was doing work as long as he was inside the factory.

First step you need to take is to inform the Security not to allow someone into the factory and not let him punch till the shift start time (generally companies allow 15 minutes early sign in for shift change and overlap). Else this problem will continue.

For the rest, you need to involved IR team and decide on it. If he was doing work, then he deserves overtime even if he was not authorised, since that it your internal problem and he can not be penalised for it.

On the other hand, if he did voilate the rules, then you can initiate a domestic enquiry and take the proper steps on it.

Remember that the impact of either action can go far beyond payment to a single employee. Therefore the IR aspect must be carefully studied.

From India, Mumbai
Babu Alexander

I would rather give another example for this. In an organization an Assistant to Cashier, embezzled /steal or misappropriate good sum of money placed, belonging to the organization.

Of course / needless to say, the Assistant is responsible for the misappropriation of funds, by his behavior. The behavior of the Assistant has been, supported / instigated / directed / tempted/ and the dire need, to make use of system failure and procedure loophole. The organization and the existing system is fully responsible.

From India, Madras
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