Hello,
I work in garment manufacturing company. I look all the work on company. Let's assume I m getting 'x' of salary for a month but if I work on Sunday I m getting that comp off only if I have taken any leave in that particular month (no carry forward) other wise no extra pay and Sunday is paid off. I want to understand that as Sunday is paid off and if work on Sunday extra should I get extra or not. Working hour is 9:30 am to 6:30 pm with half an hour lunch break and 15 minutes tea break but my boss ask me and all other employees to work till 8 pm sometimes till 9 or 10 pm as work load appears without compensation. Boss is paying some staff overtime and as we are told that we are fixed salary staff don't get overtime. And whenever this topic I wanted to discuss I or any other employees were brushed off by saying "drop the topic or this the way salary work".
I worked for minimum 60 hours in each week of March 2025 (if we include Sundays than it will be 68-70 hours in a week).
I hope I have made situation clear plz help me understand how much pay should I be getting as per labour law
From India, Delhi
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3I work in garment manufacturing company. I look all the work on company. Let's assume I m getting 'x' of salary for a month but if I work on Sunday I m getting that comp off only if I have taken any leave in that particular month (no carry forward) other wise no extra pay and Sunday is paid off. I want to understand that as Sunday is paid off and if work on Sunday extra should I get extra or not. Working hour is 9:30 am to 6:30 pm with half an hour lunch break and 15 minutes tea break but my boss ask me and all other employees to work till 8 pm sometimes till 9 or 10 pm as work load appears without compensation. Boss is paying some staff overtime and as we are told that we are fixed salary staff don't get overtime. And whenever this topic I wanted to discuss I or any other employees were brushed off by saying "drop the topic or this the way salary work".
I worked for minimum 60 hours in each week of March 2025 (if we include Sundays than it will be 68-70 hours in a week).
I hope I have made situation clear plz help me understand how much pay should I be getting as per labour law
From India, Delhi
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It's in New Delhi if it helps for explaining better plz and I m not worried about extra hours for 1 or 2 days of week but everyday min. 2 hrs (if we ignore regular extra hour as I may not be entitled for Overtime Pay) but plz explain me about working on Sundays and public or national holiday.
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 working beyond working hours without paying overtime. The payment of wages act and other acts & rules are in force. The solution to the problem 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 the offices or involve a third party to on your behalf, such as a union leaders or press to address the issue to protect yourself. It is always advisable to fight against the injustice and for the rights but one has to find out his own convenience.
From India, Mumbai
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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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And is the rules same for manager level or administration employee? (It's a micro enterprises) like in our company we all people work everywhere and in everything like from handling paperwork ,any computer related work and signing bills to (if needed an extra hand) in packing or loading unloading we do that sometimes (when we are asked) It's like everyone works even top tier person in each n every department if asked, it's not like I m against working in every department sometimes it helps task to be completed that is more important in my views.
From India, Delhi
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From India, Delhi
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(Fact Checked)-Your understanding is correct. In India, the nature of duties often determines overtime eligibility, not the job title. Stay informed, your contributions are valuable. (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 n everyday including Sunday (may be leaving 1 Sunday of month) till min 8 pm with top productivity since my working hours is 9:30 to 18:30 only worked till 20:00 everyday since 4 months continuous and almost all sundays ( I was asked to be present on Sunday (not willingly present for timepass)). But getting salary of the month not anything extra. Even if including sundays weekly off and holidays it's crossing the no. of worked days beyond 31 or 33 days every months.
I m sorry if I m bit confusing it's happening coz I m confused and it's my first ever job as a salaried employee. I hope I m clear on my situation plz explain me thoroughly if possible. So that I can talk to my employer. Being clear within my own mind will help me talk to my boss with confidence and by maintaining professionalism.
Thank you
From India, Delhi
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I m sorry if I m bit confusing it's happening coz I m confused and it's my first ever job as a salaried employee. I hope I m clear on my situation plz explain me thoroughly if possible. So that I can talk to my employer. Being clear within my own mind will help me talk to my boss with confidence and by maintaining 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 of the gross rate of wages.
The problem is how can you enforce it if your employer is not giving it and you are in a small company. If you complain to the labour 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 employer knows you filed a case against another employer?
From India, Mumbai
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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 of the gross rate of wages.
The problem is how can you enforce it if your employer is not giving it and you are in a small company. If you complain to the labour 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 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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CiteHR.AI
(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)