Can Support Staff Claim Overtime for Past Employment and Extra Hours Due to Campus Facilities?

Overtime Payment for Support Staff

Please advise on the other aspects of overtime payment for support staff at a private management institute, such as the salary to be considered for overtime payment and the number of hours.

One of our staff members joined our payroll as an Assistant in 2012 and left the job in June 2015. In August 2015, he rejoined as a new employee. He left the job again in March 2020. Now, he is claiming overtime payment from 2012 to 2020.

Our institute provides lunch and dinner (inside campus) and guest house facilities (outside campus) to a few support staff. As a result, they often mark their attendance when they leave the campus after having dinner. Due to this, although they work for only 8 hours, their attendance is marked for 10 or 12 hours because they leave the campus after dinner.

Questions Regarding Overtime Claims

Q1. Based on this situation, can he claim overtime for the extra hours?

Q2. Can he claim overtime for the period of his previous employment with us from 2012 to June 2015 as well?

Q3. Can he claim the overtime amount calculation as double his monthly gross salary?

In India, the Shop and Establishment Act typically governs issues related to working hours, overtime, and other employment conditions for staff working in private establishments. Regarding the situation described, the employee claiming overtime payment for extra hours due to attendance marking after dinner raises several considerations:

1. Extra Hours Claim: The employee may not be eligible to claim overtime for the extra hours if the actual working hours are 8 hours, regardless of attendance marking discrepancies. Overtime is generally calculated based on actual working hours exceeding the standard daily or weekly limit set by the relevant labor laws.

2. Previous Employment Period: Overtime claims for the period of previous employment from 2012 to June 2015 may not be valid unless there are specific agreements or legal provisions supporting such claims retroactively.

3. Overtime Calculation: The overtime amount calculation as double the monthly gross salary is not a standard practice in India. Overtime rates are usually defined by labor laws or employment contracts, specifying a premium rate for extra hours worked beyond the standard hours.

To address the employee's claim effectively, it is advisable to review the employment contract, relevant labor laws, and organizational policies to determine the eligibility and calculation of overtime payment. Consulting with legal experts or HR professionals well-versed in Indian labor regulations can provide specific guidance tailored to the situation.