In Uttar Pradesh, the rules and regulations regarding overtime pay for employees are governed by the Factories Act, 1948, and the respective state-specific rules. The rules may vary depending on the nature of the establishment (factory, shop, or commercial establishment).
Eligibility for Overtime
Overtime pay is generally applicable to employees who work beyond their regular working hours, which are usually 8 hours a day and 48 hours a week.
Rate of Overtime Pay
The rate of overtime pay is typically higher than the regular hourly wage rate. As per the Factories Act, it should not be less than twice the ordinary rate of wages.
Components on which Overtime is Calculated
The overtime pay is generally calculated based on the basic salary (basic wage) of the employee. It does not usually include other allowances or perks.
Maximum Hours of Overtime
As per the Factories Act, the total number of hours an adult worker (18 years or above) can work in a week, including regular working hours and overtime, should not exceed 60 hours.
Restrictions on Overtime
Overtime work is generally subject to certain restrictions and should not be compulsory. Workers cannot be forced to work overtime, and it should be based on mutual agreement or necessity.
Overtime for Female Workers
There may be specific rules and restrictions on allowing overtime for female workers, especially during night hours, for their safety and well-being.
It's essential to review the relevant state-specific rules and consult with legal experts or labor law consultants to ensure compliance with the specific provisions applicable to your establishment in Uttar Pradesh. Non-compliance with overtime regulations can lead to legal issues and penalties, so it's crucial to adhere to the prescribed guidelines and maintain proper records of overtime work and payments.