sanchi-suri
Hello All, I wanted some clarity over the concept of Overtime to be paid as per the Factories act.
It is being asked specifically in respect to line workers.

If any workman works beyond the stipulated time of 9 hours while being on official duty outside the company premises.
Will he be eligible for Overtime?

Request clarification. Thanks.

Regards,
Sanchi

From India, Delhi
PROFESSIONALS AND BUSINESSES PARTICIPATING IN DISCUSSION
Madhu.T.K
Industrial Relations And Labour Laws
Saswatabanerjee
Partner - Risk Management
Rkn61
Hr Manager
Ommygautam
Plant Hr Head
AMONIA
Learning & Development
Sanchi-suri
Human Resources

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rkn61
572

He can be paid overtime, provided he reports back to workplace after official duty outside the factory premises.
From India, Aizawl
Madhu.T.K
3788

For work outside the factory no overtime is payable. Overtime applies to working beyond the specified time in the factory. In R Ananthan Vs Avery India Ltd, Madras and Addl. Labour Court, Madras [1972 (42) FJR 304(Mad.HC)], it was decided that to attract overtime wages the overtime work should be in the factory itself, which means within the factory premises, including the precincts thereof.
From India, Kannur
ommygautam
67

if he worked out of factory then it will be count as a Out door duty and for this he will be eligible for Tour expenses as per his grade and company policy.
From India, Rudarpur
AMONIA
In Nigeria, a workman work outside the factory or location attracts Overtime payment call OUTSTATION ALLOWANCE
From Nigeria, Bonny
saswatabanerjee
2355

Madhu sir,

Are you sure of that?
I think if an employee is sent out of the factory on official work, he is considered working till the time he is on duty. If that time exceeds 9 hours, he will be eligible for overtime. Probably travel time after finishing the work will not be counted.

From India, Mumbai
Madhu.T.K
3788

This is because such workers who attend customer complaints, installation work etc would be entitled to certain allowances like outstation allowance to compensate their additional hours of work. But if you extend the working hours to consider for overtime payments, there will not be any limit to overtime wages. It is true that when a worker works in a factory for more than nine hours in any day or for more than forty eight hours in any week, he shall, in respect of overtime work, be entitled to wages at the rate of twice his ordinary rate of wages. This is a mandatory provision as per section 59(1) of the Factories Act. but here the question is whether the expression "a worker works in a factory" means "a worker working in the factory in which he is employed" or a worker works in any factory" or "worker working anywhere he is directed to work".

In the Avery case also the court, while dismissing the petition by the aggrieved worker, has kept open that he can raise an industrial dispute for getting paid for the work outside the factory but cannot demand overtime wages for the work. See the attachment also.

From India, Kannur

Attached Files (Download Requires Membership)
File Type: pdf OT Wages for work outside the factory- Avery Case.pdf (113.5 KB, 49 views)

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