Hi HR Members, please help me here. It's urgent. Recently, I joined a company where they have 10 working hours per day. So, we are working 260 hours per month, considering there are 26 working days. Could you please tell me if this is legal? I mean, according to the law, 48 hours per week is the limit, which equals 192 hours per month. Anything above that is usually counted as overtime. However, they don't have any rules regarding overtime pay in our organization. We are only 12 employees in the company. Is there anything I can do? Please give me an answer urgently.
From India, Ahmedabad
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From India, Ahmedabad
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Overtime Regulations in Factories and Establishments
No factory or establishment can require an employee to work more than 48 hours per week. In cases of work exigency, the employer can ask the employee to work beyond 48 hours; however, they must pay overtime at a rate twice that of the employee's normal wage. The overtime hours should not exceed 50 per quarter.
Regards,
Shailesh Parikh
[Phone Number Removed For Privacy Reasons]
From India, Mumbai
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305No factory or establishment can require an employee to work more than 48 hours per week. In cases of work exigency, the employer can ask the employee to work beyond 48 hours; however, they must pay overtime at a rate twice that of the employee's normal wage. The overtime hours should not exceed 50 per quarter.
Regards,
Shailesh Parikh
[Phone Number Removed For Privacy Reasons]
From India, Mumbai
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Is the organization you are working in registered under the Factories Act or the Shops and Establishment Act? If it is under the Shops and Establishment Act, and if you are getting a break of 2 hours or more during your duty hours, then you will not be able to change anything as spread-over is allowed under the provisions of the Shops and Establishment Act.
Regards,
Preetam Deshpande
From India, Mumbai
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Regards,
Preetam Deshpande
From India, Mumbai
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