Overtime Disputes: Can Workmen Refuse Extra Hours and What Are Our Options?

Is overtime discretionary on the workmen's side? What should we do when workmen refuse to do overtime? Are there related judgments available?

The union is claiming that you cannot compel the workmen and they will do overtime only when they are willing to do so. The union is challenging us to provide any proof (in acts/rules/judgments) for compulsory overtime. Please share your expert opinion.

Understanding Overtime (OT)

OT is extra time worked over and above normal duty hours. It is resorted to for performing certain urgent tasks, meeting targets/schedules, or addressing inevitable repairs and maintenance. The responsibility lies on the employer's side. Therefore, workmen do not have the discretion to insist on OT work. Sometimes, supervisors or shop floor managers use OT to please the workmen, which can lead to nepotism or favoritism.

Compelling Overtime Work

There is no provision to compel an unwilling worker to do OT. By proper planning and work study, the necessity of using OT can be either eliminated or reduced to a minimum as OT allowance tends to increase employee costs. However, there is also no way to penalize unwilling workmen who refuse to oblige to OT. Nevertheless, such refusals may be taken into account during performance reviews, assessments, promotions, and increments.

Please let me know if you need any further assistance.

OT can be denied by the workman but not every time offered by the employer. If after due notice to the respective workman to do overtime, and it is refused, then such employee needs to be observed strictly in the workplace. The company can initiate an inquiry against such workman/men.

Hi,

Legally, you can't force an employee to do overtime, even under unavoidable situations. Instead, leave him as such, monitor, reduce the increment percentage, or do not raise his salary stating non-flexibility in timings; but ensure you are paying him minimum wages. Also, reduce the bonus to the statutory minimum and do not pay more.

As long as a workman is working during the stipulated hours as per Sec59 of the Factories Act, management cannot compel them to do overtime.