My name is Hariprasad, and I work for one of the leading travel companies in Bangalore. Our office hours are from 9:00 AM to 5:30 PM. However, apart from the female employees, most of the accounting staff work until 7:00 PM. When I inquired about overtime (OT) payment, a senior colleague mentioned that OT is only applicable to labor-class employees and not to the executive level. Is this information accurate?
Thank you.
From India, Bangalore
Acknowledge(0)
Amend(0)
1Thank you.
From India, Bangalore
Acknowledge(0)Amend(0)
Dear HariPrasad, If you are working for more than eight hours in a day and or working for more than 48 hours in a week, you are eligible for over time as per present rule in vogue.
From India, Mumbai
Acknowledge(2)
Amend(0)
From India, Mumbai
Acknowledge(2)Amend(0)
Dear Hariprasad, Karnataka Shops and Establishment Rules, 1963 do not distinguish between office staffs and labours. For info. Dinesh Divekar
From India, Bangalore
Acknowledge(1)Amend(0)
From India, Bangalore
Acknowledge(1)Amend(0)
Normally senior executives in the company is part of mangement and not come under workmen , as such not entitled overtime. Otherwise they are eligible. However it depends on company policy .
From India, Bangalore
Acknowledge(0)Amend(0)
From India, Bangalore
Acknowledge(0)Amend(0)
You can lodge a complaint with the Inspector under the Karnataka Shops and Commercial Establishments Act. As per the rules prescribed under this Act, the employer has to record in/out time and overtime (OT) in registers/forms prescribed by the Karnataka Shops and Commercial Establishments Rules. Falsification of records is an offense. The Inspector should confirm that you are covered by the definition of 'Employee' under this Act. You can seek help from employees' unions, Department of Labor officials, and your lawyer.
From India, Chandigarh
Acknowledge(0)Amend(0)
From India, Chandigarh
Acknowledge(0)Amend(0)
Compensatory Time Off for Overtime
You can avail of compensatory time off for the overtime worked. You are supposed to have approval from your supervisor for working extra hours, and the same can be availed as compensatory time off. Don't opt for overtime pay or any other compensation, as it can lead to a complicated issue. In some factories, workers are also choosing to take compensatory time off instead of overtime wages.
If we are unable to complete our work within the designated time, we will be required to work additional hours. Two issues are at play here. One is our inadequate performance in finishing the work in 8 hours. The second issue is a shortage of manpower in the company, which puts a strain on the existing workforce.
From India, Chennai
Acknowledge(1)Amend(0)
You can avail of compensatory time off for the overtime worked. You are supposed to have approval from your supervisor for working extra hours, and the same can be availed as compensatory time off. Don't opt for overtime pay or any other compensation, as it can lead to a complicated issue. In some factories, workers are also choosing to take compensatory time off instead of overtime wages.
If we are unable to complete our work within the designated time, we will be required to work additional hours. Two issues are at play here. One is our inadequate performance in finishing the work in 8 hours. The second issue is a shortage of manpower in the company, which puts a strain on the existing workforce.
From India, Chennai
Acknowledge(1)Amend(0)
Understanding the Applicability of Shops and Establishments Act
From your description, it seems your establishment is covered by your State's Shops and Establishments Act. Even though the State Acts differ from one another in respect of certain specific provisions, the scheme and the principles of the various Shops and Establishments Acts are the same or similar. All these Acts refer to the people employed therein (if I am correct) as "person employed" only and do not make any distinctions such as labor, executive, manager, etc.
The generality of the features of this definition in various Shop Acts is that the hired person should have been "wholly or principally employed in connection with the business of the establishment," subject to the statutory exemption mentioned in the respective Act—that's all. That's how an employee, though not a workman under the Industrial Disputes Act, is empowered to prefer an appeal against his unlawful termination under the respective Shops and Establishments Act if employed in a Shop or Establishment.
There are numerous judgments holding that "Person employed" implies that the Act applies and covers employees in higher income groups if not specifically exempted, and therefore, it is not merely confined to workmen.
From India, Salem
Acknowledge(1)
Amend(0)
From your description, it seems your establishment is covered by your State's Shops and Establishments Act. Even though the State Acts differ from one another in respect of certain specific provisions, the scheme and the principles of the various Shops and Establishments Acts are the same or similar. All these Acts refer to the people employed therein (if I am correct) as "person employed" only and do not make any distinctions such as labor, executive, manager, etc.
The generality of the features of this definition in various Shop Acts is that the hired person should have been "wholly or principally employed in connection with the business of the establishment," subject to the statutory exemption mentioned in the respective Act—that's all. That's how an employee, though not a workman under the Industrial Disputes Act, is empowered to prefer an appeal against his unlawful termination under the respective Shops and Establishments Act if employed in a Shop or Establishment.
There are numerous judgments holding that "Person employed" implies that the Act applies and covers employees in higher income groups if not specifically exempted, and therefore, it is not merely confined to workmen.
From India, Salem
Acknowledge(1)Amend(0)
As far as I know, an employee is not eligible for overtime (OT) because an employee receives a salary for their service, while a worker receives wages for their service. Therefore, a worker is eligible for OT for late hours.
Policy for Late Sitting Staff
In the case of late sitting of staff, you can create a policy to provide them with cash benefits depending on the completion of the fixed working hours, or you can offer them compensatory (C.off) benefits for completing 8 hours of late sitting.
From India, Dehra Dun
Acknowledge(0)Amend(0)
Policy for Late Sitting Staff
In the case of late sitting of staff, you can create a policy to provide them with cash benefits depending on the completion of the fixed working hours, or you can offer them compensatory (C.off) benefits for completing 8 hours of late sitting.
From India, Dehra Dun
Acknowledge(0)Amend(0)CiteHR is an AI-augmented HR knowledge and collaboration platform, enabling HR professionals to solve real-world challenges, validate decisions, and stay ahead through collective intelligence and machine-enhanced guidance. Join Our Platform.
Amended Labor Laws.doc
Employee cannot escape recovery of excess payment SC 01.11.2013.pdf