nairvidhu
2

Hi
I would like to know whether the overtime done by a contractual employee can be converted into a days work. For eg: in our organisation if an employee has done 9 hrs of overtime we adjust 8.5 hrs as a days work against the day for which he has remained absence and pay .5hrs of overtime. ie. we convert the day when he was absent as the day he has worked by adjusting his 8.5 hrs of overtime inclusive of lunch.We pay double for remaining hour of Overtime done.
Another thing I would like to know is that when an employee is doing the overtime after his regular duty hours (ie.8.5 hrs), is it legal to deduct his lunch time from the overtime. For eg: an employee has done his regular duty of 8.5 hrs (.5 hrs inclusive of lunch in his regular shift) and after that if he is performing an overtime of 9 hrs, is it legal to pay overtime for 8.5 hrs only considering that he has taken .5 hrs for lunch during overtime also.
Regards
Vidya

From India, Delhi
nairvidhu
2

9 views & not even a single reply. Is it that all my seniors are ignorant about this or they don’t want to share their information.
From India, Delhi
babanaresh
7

Dear Vidhya,
Over time is an exclusive component which can not be adjusted. It has very strict rules. Yes, an employee can do overtime after his nomal duty hours but not more than 4 hrs in a day, not more than 12 hours in a week, not more than 50 hours in quarter. It can further be extender after upto 75 hrs in quarter after pre-approval from labour deptt. It has nothing to do with lunch (as limitation of 4 hrs in a day, hence no deduction for lunch time) .You need to maintain overtime register as per act and make payment at double rate with deduction of ESI and Income tax. It is better to discourage overtime practices and form some policy in kind of incentive or special allowance.
Regards,
Baba Naresh

From India, Delhi
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