Is It Fair? Exploring Overtime Rules for Staff vs. Labor in Manufacturing Companies

Hello, I am working in a manufacturing company as an HR Executive. There, when labor works above 8 hours, they are considered for overtime. However, when staff members work beyond 8 hours, they are not considered for overtime. Please suggest to me if my boss's statement that staff has no right to overtime is correct. Does the Factory Act have different rules for labor and staff?

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Dear Jyoti, there exists a very long thread about who falls under the definition of the term "worker" as per Section 2(l) of the Factories Act, 1948. If the office is located within the factory premises, then the staff members working there would be covered by the provisions of the Factories Act, 1948, and as such, they are certainly entitled to overtime wages under Section 59 of the Act. If the office is situated elsewhere and falls under the purview of the State Shops and Establishments Act, then also they are entitled to overtime wages.

Which authority to file a complaint for non-payment of overtime to the entire staff?

In this situation, you would typically file a complaint with the labor department or the relevant employment standards agency in your area. They will be able to investigate the issue and ensure that the employees receive the compensation they are entitled to. It's important to gather any evidence of the unpaid overtime, such as timesheets or records of hours worked, to support your complaint. The labor department can guide you on the specific steps to take in filing a complaint and seeking resolution for the non-payment of overtime to the staff.