During my whole carrier I have worked only with Factory except one organization where I was in Regional office.
From the above posts it reflects that every body is count as worker by factory directorate and I have also faced the same. At the same time, I have never faced any dispute through out my career where Factory inspector had been raised questions regarding non payment of OT to Management staff after going through the OT register, Attendance register etc.
Many factories have Finance, Marketing/sales, HR, Manufacturing, Maintenance, QC, Purchase/Procurement etc. under one umbrella. In some organization it is demarcated as a portion under S & E Act and rest is under Factories Act. But in majority organizations it is under Factories Act.
If I am not wrong in India for most of the factories the employees are divided in to two category - Bargainable staff and Management staff. Bargainable staff are getting OT and management staff is not. There is always some reportees for management staff. Employees under management category most of the organizations are working beyond working hours and so far my knowledge goes they are not paid OT any where in India.
In the instant case the concerned employees are Shift Engineer and Maintenance Engineer and they are supposed to be management staff where shift workers are reporting to Shift Engineer and Maintenance Fitter, Electrician etc. are reporting to Maintenance Engineer.
From the interpretation of Act it appears that every body within the factory as worker should get OT but the reality is different and at the same time I have never heard any case law or demand by any factory inspector to pay OT to Management staff.
S K Bandyopadhyay ( WB, Howrah)
CEO-USD HR Solutions
+91 98310 81531
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