Shift Scheduling Dilemma: How Do You Calculate Overtime for a 12-Hour Workday?

Dear HR professionals,

Please guide me on my query below:

An employee worked 12 hours in one day. According to the rules, how many hours will be considered for one shift, and how many hours will be remaining for overtime?

Regards,
Anil Gautam

Factories Act vs. Shops and Establishment Act

Is the organization governed by the Factories Act or the State Shops and Establishment Act?

Factories Act:
An adult worker shall not be employed for more than 48 hours in a week and not more than 9 hours in a day. A compulsory rest of at least half an hour (30 minutes) between each period of work is required, and such a period of work shall not exceed five hours. The total period of work, inclusive of rest intervals, cannot be more than 10.5 hours.

Shops and Establishment Act:
The State Act fixes the maximum number of work hours at 9 hours a day and 48 hours a week. Regarding overtime (OT), if an employee works for more than 9 hours a day or 48 hours a week, they are entitled to overtime pay.

After completion of 9 hours of work, overtime (OT) begins. If any employees work 12 hours in a day, the overtime calculation is OT = (12 - (8 + 1)) = 3 hours.

The employee has to work for 8 hours actually in a day. With intervals and rest periods, it should not exceed 10 hours. That means 30 minutes x 2 times = 1 hour and 1-hour lunchtime, etc. 8 hours of duty period. An employee who works for 12 hours in a day will have to receive 8 hours of normal wages, and for the other 4 hours of work, they will have to receive twice the wages. That means if their daily wage is Rs. 400, they will have to receive Rs. 800 for 12 hours of work. Shift work means only 8 hours of actual work.

Shift work means 8 hours only. If an employee has to work for 12 hours, they will have to be paid for the actual hours worked. This means that if they work for 10 hours and take 2 hours of intervals for tea and lunch breaks, they should be paid for 10 hours of work. Within those 10 hours, 8 hours will be paid at the normal wage rate, and the remaining 2 hours will be paid at a double wage rate. For example, if the regular daily wage for 8 hours is Rs. 400, the employee should receive Rs. 600 for the 10 hours worked.

When you pose a question, please provide background information. Factory or establishment, asking or allowing 12 hours of work is illegal.

If they work honestly and smartly, then a minimum of 8 hours can be expected. Above this, it should not exceed, as it depends on the employees' efficiency.

Respected seniors,

Some seniors have advised that overtime (OT) should be started if working hours exceed 9 hours, while others have suggested after working 8 hours. In this thread, some have suggested 8 hours and some have suggested 9 hours. However, this difference in advice regarding working hours rules always leaves me confused. Therefore, all of you are requested to explain the exact rule whether working should be for 8 hours or 9 hours.

Thank you.