Is Factory Inspector Approval Needed for Overtime Under Section 65(2) of the Factories Act?

Dear Experts, With reference to Section 65(2) of the Factories Act, is it required to seek permission from the Factory Inspector (Director) even for the allowed overtime hours or working hours as per the Act? Alternatively, do we need consent from the Factory Inspector (Director) just to have employees work for one additional hour? Looking forward in anticipation...

In my opinion, we should only seek permission for overtime if it occurs regularly.

Regards,
Parikshit Thacker

I had explained to you the factual situation on this issue at length. If you still had any doubts, you could have asked me again! However, there is no provision in the Factories Act that distinguishes "regular" OT from any other kind of OT.

Exemptions in the Factories Act

There are some exemptions outlined in Rules 100, 101, and 102 and the schedule thereunder framed under Sec. 64, where prior permission may not be required, but the factory inspector has to be informed, and there are stipulated conditionalities anyway. Kindly go through these rules and the annexure to gain better insights instead of resorting to guesswork and the application of common sense.

Along with that, Sections 59 to 65 (both included) must also be studied carefully to gain a clear understanding of the subject.

It is quite another matter that the enforcement agencies under the act usually ignore this aspect during their routine inspection, but they do so for their reasons. If, however, a complaint is lodged by workers or if he wishes to question irregularities suo moto, he has a right to do so, which please note. Therefore, lethargy on the part of the enforcement agencies is no sanction for the employer to draw convenient inferences.

Regards,
Samvedan

January 2, 2012

Mr. Samvedan is correct in the second paragraph. You have to apply for approval 30 days in advance from the day the overtime work starts. This activity repeats every quarter. Overtime permission is only for male candidates. All those who fall under overtime work (like shop floor employees, contract employees) have to be added to the list enclosed with the application. Requesting overtime approval for all workers may sometimes be rejected. You have to provide proof of working extra hours.

The inspector visits the facility for checks, and it depends on them to give approval. The exemption from sections 21, 52, 54, and 56 will be given, and you have to adhere to section 65(3).

This is specifically addressed to Mr. Kumar. I suppose that the position cited by him is from the Karnataka Factories Rules. Maharashtra does NOT have similar provisions. Since the substantive law remains the same in all states (except for the amendments brought about as permitted under the law), the states are, however, free to make their own rules for the implementation of the bars act, in tune with the peculiar situation prevailing or desired by the state! Mr. Kumar, would you please shed some light on this for the benefit of all?

Regards,
Samvedan

January 3, 2012

I have clearly addressed the point considering only the Factories Act, 1948. The reason for the detailed explanation is that just a couple of weeks back, I got the overtime approval from the concerned authority. Nothing related to the Karnataka Factories Rule was applied in this. It's purely based on my experience, and I successfully obtained approval for the current and next quarter.

Thank you.

Regards,