Hello, I am employed in a garment manufacturing company where I oversee all the work. Let's assume that I receive 'x' amount of salary per month. However, if I work on a Sunday, I only receive a compensatory day off if I have taken any leave in that particular month, with no carry forward. Otherwise, there is no extra pay, even though Sunday is considered a paid day off. I am trying to understand if I should receive extra pay for working on Sundays.
Working Hours and Compensation
Our regular working hours are from 9:30 am to 6:30 pm, inclusive of a half-hour lunch break and a 15-minute tea break. However, my boss often requires me and all other employees to work until 8 pm, sometimes even until 9 or 10 pm, when there is an extra workload, without any additional compensation. Some staff members receive overtime pay, but we, the salaried employees, are told that we do not qualify for overtime pay. Whenever I try to discuss this topic, my colleagues and I are dismissed with comments such as "drop the topic" or "that's the way the salary works."
Excessive Work Hours
In March 2025, I worked a minimum of 60 hours each week (if we include Sundays, it would be 68-70 hours in a week). I hope I have made the situation clear. I would appreciate it if you could help me understand how much pay I should be receiving as per labor law.
From India, Delhi
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3Working Hours and Compensation
Our regular working hours are from 9:30 am to 6:30 pm, inclusive of a half-hour lunch break and a 15-minute tea break. However, my boss often requires me and all other employees to work until 8 pm, sometimes even until 9 or 10 pm, when there is an extra workload, without any additional compensation. Some staff members receive overtime pay, but we, the salaried employees, are told that we do not qualify for overtime pay. Whenever I try to discuss this topic, my colleagues and I are dismissed with comments such as "drop the topic" or "that's the way the salary works."
Excessive Work Hours
In March 2025, I worked a minimum of 60 hours each week (if we include Sundays, it would be 68-70 hours in a week). I hope I have made the situation clear. I would appreciate it if you could help me understand how much pay I should be receiving as per labor law.
From India, Delhi
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It's in New Delhi if that helps explain better. Please, I'm not worried about extra hours for 1 or 2 days a week, but every day a minimum of 2 hours (if we ignore regular extra hours as I may not be entitled to overtime pay). Please explain to me about working on Sundays and public or national holidays.
From India, Delhi
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From India, Delhi
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Your situation seems to be a complex one, and it's important to understand that labor laws can vary significantly depending on the jurisdiction. However, I'll provide a general perspective based on common labor law principles.
Firstly, it's important to understand that salaried employees are often exempt from overtime pay, especially if they are in a managerial or supervisory role. This means that the employer is not legally required to pay you extra for working beyond your regular hours. However, this is not a universal rule and can vary based on local labor laws.
Secondly, regarding working on Sundays, it again depends on the specific labor laws of your jurisdiction. Some places require employers to pay extra for work done on Sundays or public holidays, while others do not.
Given the complexity of labor laws and the potential for variation between jurisdictions, I would recommend the following steps:
1. Research your local labor laws: Look for information on overtime pay and work on Sundays or public holidays. This will give you a better understanding of your rights as an employee.
2. Consult a labor law expert: If you're still unsure after your research, it might be beneficial to consult with a labor law expert or attorney. They can provide advice tailored to your specific situation and jurisdiction.
3. Discuss with your employer: Once you have a better understanding of your rights, try discussing the issue with your employer again. It's important to approach this conversation professionally and with a clear understanding of your rights.
Remember, it's important to stand up for your rights as an employee, but it's equally important to do so in a professional and respectful manner.
From India, Gurugram
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Firstly, it's important to understand that salaried employees are often exempt from overtime pay, especially if they are in a managerial or supervisory role. This means that the employer is not legally required to pay you extra for working beyond your regular hours. However, this is not a universal rule and can vary based on local labor laws.
Secondly, regarding working on Sundays, it again depends on the specific labor laws of your jurisdiction. Some places require employers to pay extra for work done on Sundays or public holidays, while others do not.
Given the complexity of labor laws and the potential for variation between jurisdictions, I would recommend the following steps:
1. Research your local labor laws: Look for information on overtime pay and work on Sundays or public holidays. This will give you a better understanding of your rights as an employee.
2. Consult a labor law expert: If you're still unsure after your research, it might be beneficial to consult with a labor law expert or attorney. They can provide advice tailored to your specific situation and jurisdiction.
3. Discuss with your employer: Once you have a better understanding of your rights, try discussing the issue with your employer again. It's important to approach this conversation professionally and with a clear understanding of your rights.
Remember, it's important to stand up for your rights as an employee, but it's equally important to do so in a professional and respectful manner.
From India, Gurugram
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Your company is committing various violations of rules, such as requiring employees to work beyond regular hours without paying overtime. The Payment of Wages Act and other relevant acts and rules are in force.
Solution to the Problem
The solution to this issue lies with the labor department and the Factory Inspector, provided it is a factory. It is advisable to send a letter of complaint to both offices or involve a third party on your behalf, such as union leaders or the press, to address the issue and protect yourself. It is always advisable to fight against injustice and for your rights, but one must consider their own convenience.
From India, Mumbai
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Solution to the Problem
The solution to this issue lies with the labor department and the Factory Inspector, provided it is a factory. It is advisable to send a letter of complaint to both offices or involve a third party on your behalf, such as union leaders or the press, to address the issue and protect yourself. It is always advisable to fight against injustice and for your rights, but one must consider their own convenience.
From India, Mumbai
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(Fact Checked)-Your advice is correct. Reporting to the labour department and Factory Inspector is a good step. Also, consider seeking legal advice to understand your rights better. (1 Acknowledge point)
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You say, "I'm a manager" (not the job title I'm given by my company), but I have worked each and every day, including Sunday (maybe leaving one Sunday of the month), till a minimum of 8 pm with top productivity. Since my working hours are 9:30 to 18:30, I have been working until 20:00 every day for the past four months continuously and almost every Sunday. I was asked to be present on Sundays (not willingly present for time pass). However, I am only receiving the salary of the month without anything extra, even though including Sundays, weekly offs, and holidays, it's exceeding the number of working days beyond 31 or 33 days every month.
I'm sorry if I'm a bit confusing; it's happening because I'm confused, and it's my first-ever job as a salaried employee. I hope I'm clear on my situation. Please explain thoroughly if possible so that I can talk to my employer. Being clear within my own mind will help me speak to my boss with confidence and maintain professionalism.
Thank you
From India, Delhi
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I'm sorry if I'm a bit confusing; it's happening because I'm confused, and it's my first-ever job as a salaried employee. I hope I'm clear on my situation. Please explain thoroughly if possible so that I can talk to my employer. Being clear within my own mind will help me speak to my boss with confidence and maintain professionalism.
Thank you
From India, Delhi
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(Fact Checked)-Your situation is indeed complex. As per Indian labor laws, overtime is applicable if work exceeds 9 hours a day or 48 hours a week. Please consult with a labor law expert. (1 Acknowledge point)
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Hi, I assume you are in the admin department of a factory (the rules for offices would be different if not inside the factory).
1. You are entitled to overtime for working beyond 48 hours a week (excluding lunch break).
2. You are entitled to 1 paid holiday (weekly off) after 6 days of paid work.
3. If you work on the weekly off, you are entitled to both overtime and compensatory off.
Overtime is payable at double the gross rate of wages.
Challenges in Enforcing Overtime Pay
The problem is how you can enforce it if your employer is not giving it and you are in a small company. If you complain to the labor officer, you will definitely lose your job. Are you prepared to fight it out in the courts for the next 10 years? Will you get another job if the employer knows you filed a case against another employer?
From India, Mumbai
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1. You are entitled to overtime for working beyond 48 hours a week (excluding lunch break).
2. You are entitled to 1 paid holiday (weekly off) after 6 days of paid work.
3. If you work on the weekly off, you are entitled to both overtime and compensatory off.
Overtime is payable at double the gross rate of wages.
Challenges in Enforcing Overtime Pay
The problem is how you can enforce it if your employer is not giving it and you are in a small company. If you complain to the labor officer, you will definitely lose your job. Are you prepared to fight it out in the courts for the next 10 years? Will you get another job if the employer knows you filed a case against another employer?
From India, Mumbai
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(Fact Checked)-Your understanding of labor laws is commendable! You're correct about overtime pay and compensatory off entitlements. Keep up the good work! (1 Acknowledge point)
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(Fact Checked)-According to the Indian Factories Act, 1948, no adult worker shall be required or allowed to work in a factory on the first day of the week (Sunday), unless he has or will have a holiday for a whole day on one of the three days immediately before or after the said day, and the manager of the factory has, before the said day or the substituted day under clause (b), whichever is earlier,- (i) delivered a notice at the office of the Inspector of his intention to require the worker to work on the said day and of the day which is to be substituted, and (ii) displayed a notice to that effect in the factory. The provisions of this section shall not apply to any factory which has been exempted from its provisions and in respect of which the State Government has granted an exemption in writing permitting work on the first day of the week (Sunday). Additionally, the Act also states that no worker shall be required or allowed to work in a factory for more than forty-eight hours in any week. If a worker works beyond this limit, they are entitled to overtime pay at twice their ordinary rate of pay. In your case, it seems like your employer is not adhering to these laws. You should be receiving an extra day off if you work on a Sunday, and you should be receiving overtime pay for any hours worked beyond the forty-eight hour limit. I would recommend discussing this issue with your employer again, and if necessary, seeking legal advice. (1 Acknowledge point)