School Drivers on Multi-Day Tours: Should They Get Overtime Pay Despite Provided Meals and Lodging?

Are drivers who are employees of the school eligible for overtime when they are on a tour for 4-5 days? Can they ask for overtime even when their food and accommodation are being arranged by the school itself? What should be the possible solutions to minimize this issue if it is legitimate? Please suggest a policy that could reduce or eliminate the above situation.

Eligibility for Overtime for School Drivers

Any employee whose minimum conditions of employment are subject to the provisions of the Payment of Wages Act, 1936, the Minimum Wages Act, 1948, and any of the establishment-related labor laws such as the Factories Act, 1948, State Shops & Establishments Acts, etc., is entitled to overtime wages if required by the employer to work beyond normal working hours on any day at the enhanced rate fixed under the respective law. Therefore, drivers employed in any private educational institutions are not exempt.

Like any other employee required to go on tour in connection with their employment, the drivers of educational institutions are also entitled to a daily allowance towards the expenses of their boarding and lodging. When the management arranges such things officially as well as formally, there is no necessity to pay a separate daily allowance in this regard. I think you understand what I mean by the adjective "formally" - it should be a decent arrangement of a comfortable stay for a person, not just asking them to sleep in the vehicle itself or in the veranda of a host school exposed to the atmosphere.

Working Hours and Allowances for Drivers on Tour

As for a driver of a vehicle, their working hours would normally revolve around the total hours spent on the wheel as well as the waiting time in between. But when driving a vehicle on occasions like educational tours, it would be difficult to precisely calculate the exact hours of work. Therefore, include some extra money towards this in their daily allowance on tour. Since the safety of the travelers/students on such tours is in the hands of the vehicle driver, try to keep them in good humor by your magnanimity.

Lay out a proper tour policy, including TA/DA for drivers as well. I am certain that your employees receive TA/DA when they go on tours. TA/DA, as per the pay scale, can be clearly defined. This will eliminate the need for giving overtime.

What if the drivers are paid a consolidated salary, say for example 6000 rs or 10k? Can we pay them 100 or 150 rs per day for such visits, apart from their arrangement of stay and food? Can we also pay them 100 or 150 as a travel allowance?

Also, we are arranging proper accommodation and food for our drivers. Do we need to pay them overtime or any allowance in the following situations:

Situation 1: The driver drives from Ahmedabad to XYZ city and stays for 3 days. Each day he drives for 6-7 hours and stays overnight. His salary is 7k.

Situation 2: The driver drives from Ahmedabad to XYZ city and stays for 3 days. Each day he drives for 10 hours and stays overnight. His salary is 7k.

Situation 3: The driver drives for 8 hours and returns to his place on the same day.

Please suggest the allowance or overtime according to the situations mentioned above.

Giving them a daily allowance for outstation stay is a better idea. Daily allowance as per the pay scale should be considered, taking into account that food and accommodation are provided free of charge. The pay of the driver as per the Minimum Wages Act should also be reviewed.

What percentage of travel allowance or daily allowance should be recommended based on the salary of particular drivers? Please suggest a policy based on this.