Are We Required to Pay Overtime for Employees' Lunch Breaks? Seeking Advice on 12-Hour Workdays

Dear All,

I am Brinda. I would like to know if our employees are working 12 hours a day. My boss says we need to pay for 4 hours of overtime, but I believe we should only pay for 3 1/2 hours as we give a 1/2 hour break for lunch. So, my question is, are we required to pay for the 1/2 hour lunch time? Please help me solve this query.

Overtime is to be calculated for the hours one works beyond 8 hours. However, an employee who works for 9 hours on a particular day is not supposed to get it, but he will be getting OT for the time after 8 hours provided he works for more than 9 hours.

Regards, Madhu.T.K

Dear Brinda,

Overtime has to be paid for the 4 hours if you are taking the work for 12 hours from the employees. Regarding the lunch break, it is mandatory under Section 55 of the Factories Act, 1948, the narration of which is as follows:

"55. INTERVALS FOR REST. - (1) The periods of work of adult workers in a factory each day shall be fixed so that no period exceeds five hours and no worker works for more than five hours before having an interval for rest of at least half an hour."

Dear All,

I am Brinda. I would like to know that our employees are working 12 hours a day. My boss is telling us that we need to pay for 4 hours of overtime, while I believe we need to pay for only 3 1/2 hours, as we provide a 1/2-hour break for lunch in between. So, my question is, are we supposed to pay for the 1/2 hour of lunchtime? Please help me solve this query.

Dear Rajeev,

It means if a worker comes at 8 in the morning and takes a 1/2-hour break, and finishes his work at 4, it means his total presence is for 8 hours, but he worked for only 7 1/2 hours. So, does he need to work for 1/2 hour more or not?