Overtime under the Factories Act is very specific and has nothing to do with the rules of any State.
As per Sec-59 of the Factories Act sub-section (1), it is stated that "Where a worker works in a factory for more than nine hours in a day or for more than forty-eight hours in any week, he shall, in respect of overtime work, be entitled to wages at the rate of twice his ordinary rate of wages."
Therefore, OT hours should be checked from both angles - daily hours and weekly hours, and obviously, whichever is in favor of the worker should be paid accordingly.
Examples of Overtime Calculation
Let us take two examples:
1. The first day of the week is Sunday. Hours of work are - Monday-8 hrs, Tuesday -8 hrs + 2 hrs, Wednesday - 8 hrs +1 hr, Thursday- 8 hrs + 3 hrs, Friday - 8 hrs & Saturday-8 hrs.
Therefore, the total normal hours in the week are 8 * 6 = 48 hrs and 2+1+3 = 6 hrs OT hours. Total hours of work and accordingly payment will be 48 + 6*2 = 60 hrs.
2. In the above example, the worker was absent on Friday. Then the total normal hours of work will be 8*5 = 40 hours and if we add the 6 additional hours, it will be 40 + 6 = 46 hours and not eligible for OT.
Daily Basis Calculation
Now let us check the daily basis calculation. Monday - normal 8 hrs, Tuesday - normal 8 hrs + 1 hr single + 1 hr double, Wednesday - normal 8 hrs + 1 hr single, Thursday - normal 8 hrs + 1 hr single + 2 hrs double, Friday- 0 hrs & Saturday - 8 hrs.
Therefore, the total hours of work on a daily basis will be - 8+8+1+1*2+8+1+8+1+2*2+0+8 = 49 hours, which is more than 46 hours based on the weekly basis.
Regards, S K Bandyopadhyay (WB, Howrah) CEO-USD HR Solutions [Phone Number Removed For Privacy-Reasons] [Email Removed For Privacy Reasons] USD HR Solutions – To Strive towards excellence with effort and integrity
From India, New Delhi
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367As per Sec-59 of the Factories Act sub-section (1), it is stated that "Where a worker works in a factory for more than nine hours in a day or for more than forty-eight hours in any week, he shall, in respect of overtime work, be entitled to wages at the rate of twice his ordinary rate of wages."
Therefore, OT hours should be checked from both angles - daily hours and weekly hours, and obviously, whichever is in favor of the worker should be paid accordingly.
Examples of Overtime Calculation
Let us take two examples:
1. The first day of the week is Sunday. Hours of work are - Monday-8 hrs, Tuesday -8 hrs + 2 hrs, Wednesday - 8 hrs +1 hr, Thursday- 8 hrs + 3 hrs, Friday - 8 hrs & Saturday-8 hrs.
Therefore, the total normal hours in the week are 8 * 6 = 48 hrs and 2+1+3 = 6 hrs OT hours. Total hours of work and accordingly payment will be 48 + 6*2 = 60 hrs.
2. In the above example, the worker was absent on Friday. Then the total normal hours of work will be 8*5 = 40 hours and if we add the 6 additional hours, it will be 40 + 6 = 46 hours and not eligible for OT.
Daily Basis Calculation
Now let us check the daily basis calculation. Monday - normal 8 hrs, Tuesday - normal 8 hrs + 1 hr single + 1 hr double, Wednesday - normal 8 hrs + 1 hr single, Thursday - normal 8 hrs + 1 hr single + 2 hrs double, Friday- 0 hrs & Saturday - 8 hrs.
Therefore, the total hours of work on a daily basis will be - 8+8+1+1*2+8+1+8+1+2*2+0+8 = 49 hours, which is more than 46 hours based on the weekly basis.
Regards, S K Bandyopadhyay (WB, Howrah) CEO-USD HR Solutions [Phone Number Removed For Privacy-Reasons] [Email Removed For Privacy Reasons] USD HR Solutions – To Strive towards excellence with effort and integrity
From India, New Delhi
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