Hello,
Factories Act requires that not more than 48 hours of work can be got done from the workers. However, due to exigencies of business, the law recognises that sometimes extra working may be necessary. This extra work is called "Overtime". This clearly means that Overtime is the work done over and above 48 hours in a week.
The Act therefore provides that the Manager/Occupier under the Factories applies and obtains relaxation from working hours imposed by the act and if the request is granted by the factory Inspectorate of the area, then the work obtained within the relaxation granted is termed "Overtime" and is required to be compensated at teice the normal rate of wages.
Kindly study Sections 59 to 64 of the factories Act to get a clear picture of the provisions.
There are certain positions in the factory that are exempted from working hours restrictions if these are duly notified. (Sec 100 or 101 or 102)
In fact the factory inspectorate has EVERY jurisdiction in the matter of implementation of the various provisions of the act to proceed against the Factory, for violation of the Act in any way that includes, Overtime carried out without express prior permission from the Factory Inspectorate and within the limits approved.
However, rampant Overtime is done in most factories with impunity and till such time the workers do not complain and/or till the Factory Inspector of the area does not look into this aspect particularly at the time of routine inspection or otherwise, the matter (illegality) goes unnoticed and many of us tend to feel that doing OT without permission is no illegality anyway. In fact many us not even aware that a permission needs to be taken and that is the sorry part of the function as of today!!
Even if there are agreements/contracts signed between the company and Unions that OT may be carried out, such contracts are void ab initio!
I trust your querry is adequately answered, if not ask further questions.
Regards
samvedan
February 22, 2009
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