Is It Fair That Only Labor-Class Employees Get Overtime Pay in Our Office?

hcgaonkar
My name is Hariprasad, and I work for one of the leading travel companies in Bangalore. Our office hours are from 9:00 AM to 5:30 PM. However, apart from the female employees, most of the accounting staff work until 7:00 PM. When I inquired about overtime (OT) payment, a senior colleague mentioned that OT is only applicable to labor-class employees and not to the executive level. Is this information accurate?

Thank you.
Brijendra_Singh
If you are working for more than eight hours in a day or more than 48 hours in a week, you are eligible for overtime as per the current rules in effect.
Dinesh Divekar
The Karnataka Shops and Establishment Rules of 1963 do not distinguish between office staff and laborers. For your information.

Regards,
Dinesh Divekar
ravi_561
Normally, senior executives in the company are part of management and do not fall under the category of workmen, and therefore are not entitled to overtime. However, they may be eligible based on the company's policy.
Ddoaba
You can lodge a complaint with the Inspector under the Karnataka Shops and Commercial Establishments Act. As per the rules prescribed under this Act, the employer has to record in/out time and overtime (OT) in registers/forms prescribed by the Karnataka Shops and Commercial Establishments Rules. Falsification of records is an offense. The Inspector should confirm that you are covered by the definition of 'Employee' under this Act. You can seek help from employees' unions, Department of Labor officials, and your lawyer.
stephen_7
Compensatory Time Off for Overtime

You can avail of compensatory time off for the overtime worked. You are supposed to have approval from your supervisor for working extra hours, and the same can be availed as compensatory time off. Don't opt for overtime pay or any other compensation, as it can lead to a complicated issue. In some factories, workers are also choosing to take compensatory time off instead of overtime wages.

If we are unable to complete our work within the designated time, we will be required to work additional hours. Two issues are at play here. One is our inadequate performance in finishing the work in 8 hours. The second issue is a shortage of manpower in the company, which puts a strain on the existing workforce.
umakanthan53
Understanding the Applicability of Shops and Establishments Act

From your description, it seems your establishment is covered by your State's Shops and Establishments Act. Even though the State Acts differ from one another in respect of certain specific provisions, the scheme and the principles of the various Shops and Establishments Acts are the same or similar. All these Acts refer to the people employed therein (if I am correct) as "person employed" only and do not make any distinctions such as labor, executive, manager, etc.

The generality of the features of this definition in various Shop Acts is that the hired person should have been "wholly or principally employed in connection with the business of the establishment," subject to the statutory exemption mentioned in the respective Act—that's all. That's how an employee, though not a workman under the Industrial Disputes Act, is empowered to prefer an appeal against his unlawful termination under the respective Shops and Establishments Act if employed in a Shop or Establishment.

There are numerous judgments holding that "Person employed" implies that the Act applies and covers employees in higher income groups if not specifically exempted, and therefore, it is not merely confined to workmen.
anujsaini6@gmail.com
As far as I know, an employee is not eligible for overtime (OT) because an employee receives a salary for their service, while a worker receives wages for their service. Therefore, a worker is eligible for OT for late hours.

Policy for Late Sitting Staff

In the case of late sitting of staff, you can create a policy to provide them with cash benefits depending on the completion of the fixed working hours, or you can offer them compensatory (C.off) benefits for completing 8 hours of late sitting.
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