Overtime Calculation Under Different Acts
Need your help on overtime calculation. Our establishment is registered under the Bombay Shops Act, and our contractors are also registered under the Shops Act. Payments are made by the contractor to the staff as per the Schedule Employment rate declared by Maharashtra.
Query: Applicable Act for Overtime Calculation
My query is under which Act overtime has to be calculated: either under the Shops Act or the Minimum Wages Act.
Relevant Sections from the Shops Act
Subject to Subsection (1) of Section 14: "No employee shall be required or allowed to work in any shop or commercial establishment for more than 9 hours in any day and 48 hours in any week."
(2) Any employee may be required or allowed to work in a shop or commercial establishment for any period in excess of the limit fixed under Subsection (1), if such period does not exceed 6 hours in any week.
*Section 17: The spread-over of an employee in a commercial establishment shall not exceed 11 hours in any day.
Relevant Sections from the Minimum Wages Maharashtra Rules
Rule 24 (1): The number of hours of work which shall constitute a normal working day in the case of an adult is 7 hours, excluding an interval for rest of 1 hour.
Rule 26 (1): Where an employee in any scheduled employment works for more than 9 hours on any day or 48 hours in any week, or for more than the hours of work notified under Subrule 24, as the case may be, shall in respect of overtime work be entitled to wages at double the ordinary rate of wages.
In short, which Act will prevail: will the Shops Act prevail over the Minimum Wages Act, or will the Minimum Wages Act prevail over the Shops Act? Kindly revert with valuable advice.
Regards,
Azim Charania.