How Should HR Address Overtime Concerns for Remote Marketing Teams Working Late?

We introduced an attendance app for our employees with geofencing enabled. The marketing team is inquiring about scenarios where employees finish work at 4 p.m. and then have a meeting after 7. In our company, overtime is only granted to the project team members who work onsite, not to others. The marketing team has expressed concern about this policy as they are also working overtime. As an HR professional, I need to provide them with a clear response. What would you suggest?

As the working time for the Marketing team is highly flexible, it is difficult to calculate overtime (OT). My suggestion is to fix some amount for those who work beyond the standard working hours, maintaining a correlation with OT, but label it as Extra Payment/Incentive.

Regards, S K Bandyopadhyay (WB, HOWRAH) CEO-USD HR Solutions [Phone Number Removed For Privacy-Reasons] [Email Removed For Privacy Reasons]

Overtime Policy for Factory and On-Site Workers

Overtime applies to workers working within the factory or establishment. It can be extended to on-site projects, but in no way can it be given to other employees whose nature of work involves traveling. Even the Sales Promotion Employees (Conditions of Service) Act (though it is meant for medical or pharma sales and other limited industries as added later on) is silent regarding hours of work and overtime.

Case Reference: R Ananthan Vs Avery India Ltd

In R Ananthan Vs Avery India Ltd, Madras and Addl. Labour Court, Madras [1972 (42) FJR 304(Mad.HC)], (1973) ILLJ 166 Mad), it was decided that any work done outside the factory or establishment will not attract overtime wages.