Hello Seniors,
My name is Ram, working as an HR Manager in a private company. I have a query related to overtime under the Factories Act. If an executive working in a factory holding an officer grade will be eligible for overtime or not, please suggest.
Regards,
Ram
08939668933
From India, Mumbai
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My name is Ram, working as an HR Manager in a private company. I have a query related to overtime under the Factories Act. If an executive working in a factory holding an officer grade will be eligible for overtime or not, please suggest.
Regards,
Ram
08939668933
From India, Mumbai
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Overtime Eligibility Under the Factory Act
This is totally based on and decided by your management regarding the extra work done by officers. As per the provisions under the Factory Act, if any person works beyond the approved time frame in Form 11 by the factory inspector, they will be entitled to overtime (OT) payment.
First, you should consider if the person's grade/category is mentioned in the certified standing order. If so, you have to pay accordingly under the Factory Act. If not, you may pay it as ex-gratia as per prevailing practices in the present or nearby your factory area, or as per their appointment conditions.
Regards
From India
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68This is totally based on and decided by your management regarding the extra work done by officers. As per the provisions under the Factory Act, if any person works beyond the approved time frame in Form 11 by the factory inspector, they will be entitled to overtime (OT) payment.
First, you should consider if the person's grade/category is mentioned in the certified standing order. If so, you have to pay accordingly under the Factory Act. If not, you may pay it as ex-gratia as per prevailing practices in the present or nearby your factory area, or as per their appointment conditions.
Regards
From India
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Dear Ram,
I wholeheartedly agree with Mr. Rajesh Kumar Dubey. According to the Factory Act, any employee who works beyond the regular hours (i.e., after 8 hours) is entitled to overtime pay. However, you must review your standing orders, appointment letter, and company policies for further clarification.
Thank you.
From India, Delhi
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I wholeheartedly agree with Mr. Rajesh Kumar Dubey. According to the Factory Act, any employee who works beyond the regular hours (i.e., after 8 hours) is entitled to overtime pay. However, you must review your standing orders, appointment letter, and company policies for further clarification.
Thank you.
From India, Delhi
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Understanding Overtime Eligibility Under the Factories Act
The Factories Act does not distinguish between grades. Everyone in the factory is considered a worker, except for the factory manager and occupier.
Overtime Rules
The overtime rule is straightforward: it is double the gross rate and applies to all workers, including managers. There are some exemptions under Section 64 and the relevant rules (100 to 102 in Maharashtra). If a person falls under that exemption, they are exempt from overtime rules to the extent provided in the rules. Legally, everyone else is liable.
Also, check if there is any provision to the contrary in your standing orders.
Regards
From India, Mumbai
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The Factories Act does not distinguish between grades. Everyone in the factory is considered a worker, except for the factory manager and occupier.
Overtime Rules
The overtime rule is straightforward: it is double the gross rate and applies to all workers, including managers. There are some exemptions under Section 64 and the relevant rules (100 to 102 in Maharashtra). If a person falls under that exemption, they are exempt from overtime rules to the extent provided in the rules. Legally, everyone else is liable.
Also, check if there is any provision to the contrary in your standing orders.
Regards
From India, Mumbai
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Hello seniors, my name is Ram. I am working as an HR manager in a private company. I have a query related to overtime under the Factories Act. If an executive working in a factory holding an officer grade will be eligible for overtime or not, please suggest.
Regards,
Ram
[Phone Number Removed For Privacy Reasons]
From India, Rudarpur
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Regards,
Ram
[Phone Number Removed For Privacy Reasons]
From India, Rudarpur
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Factory act and all other Labour Laws applicable on Workmen ,if person comes under the category of workmen then he will be eligible for OT otherwise not . Regards, Ashish
From India, Velluru
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From India, Velluru
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A reading of Sec 64 of Factories act may be relevant to this discussion.
From India, Pune
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From India, Pune
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Overtime Regulations Under the Factory Act
As per the Factory Act, the maximum overtime in a quarter is 50 hours, but this is dependent on the exigency of work. You will need to obtain permission from the factory inspector, explaining why overtime is necessary. Typically, overtime is granted for maintenance work; otherwise, if you are working in shifts, there is no need for overtime except due to absenteeism.
As far as officer-ranked personnel are concerned, overtime eligibility depends on the company's policy. However, you will have to compensate for the extra work, whether through leave or payment in cash/kind.
Regards
From United States, Chicago
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As per the Factory Act, the maximum overtime in a quarter is 50 hours, but this is dependent on the exigency of work. You will need to obtain permission from the factory inspector, explaining why overtime is necessary. Typically, overtime is granted for maintenance work; otherwise, if you are working in shifts, there is no need for overtime except due to absenteeism.
As far as officer-ranked personnel are concerned, overtime eligibility depends on the company's policy. However, you will have to compensate for the extra work, whether through leave or payment in cash/kind.
Regards
From United States, Chicago
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Banerjee & Nathrao explained correctly .One has to check definition under Workman and applicability to concerned employee.Otherwise C/Off or equivalant can be considered
From India, Mumbai
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From India, Mumbai
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My Dear Friends,
You should concentrate on the person who is working extra, whether they are a worker or a supervisory leader. The entitlement of overtime (OT) payment specifically relates to individuals who fall under the category of workmen. If the company's standing order differs regarding the person or definition of engagement, compensation varies.
From India
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You should concentrate on the person who is working extra, whether they are a worker or a supervisory leader. The entitlement of overtime (OT) payment specifically relates to individuals who fall under the category of workmen. If the company's standing order differs regarding the person or definition of engagement, compensation varies.
From India
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Hi, Mr. Chandran,
Under the Factories Act, management is free to segregate and prepare a list of management staff who will be exempt from provisions such as overtime (OT) and similar matters. The rest of the population consists of workers who are eligible for OT benefits. These management staff are taken care of by being provided better work conditions and facilities compared to what ordinary workers receive.
Regards,
RDS Yadav
Labour Law Adviser
From India, Delhi
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Under the Factories Act, management is free to segregate and prepare a list of management staff who will be exempt from provisions such as overtime (OT) and similar matters. The rest of the population consists of workers who are eligible for OT benefits. These management staff are taken care of by being provided better work conditions and facilities compared to what ordinary workers receive.
Regards,
RDS Yadav
Labour Law Adviser
From India, Delhi
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Overtime Calculation for Shift Workers
In a factory, if the 1st shift duty hours are from 7:00 A.M. to 3:30 P.M., with 0.5 (half) hours designated for lunch, and thereafter, if a worker works from 3:30 P.M. to 7:00 P.M., should they receive overtime pay for 3.5 hours at double pay or another rate?
Overtime for 12-Hour Shifts
Secondly, if the 2nd shift starts from 3:00 P.M. to 11:00 P.M., with 0.5 hours allocated for dinner, but if a worker is called for a 12-hour duty from 7:00 P.M. to 7:00 A.M., what overtime should be provided to them, i.e., 3.5 hours or 4 hours?
Production Expectations During Extended Shifts
Thirdly, as illustrated above, in a 12-hour duty shift, should the worker be expected to produce at 1.5 times the normal rate? For example, if the production for regular working hours is 10,000 pieces, then for the above 12-hour duty, should it be 15,000 pieces or less? Please assist.
From India, New Delhi
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In a factory, if the 1st shift duty hours are from 7:00 A.M. to 3:30 P.M., with 0.5 (half) hours designated for lunch, and thereafter, if a worker works from 3:30 P.M. to 7:00 P.M., should they receive overtime pay for 3.5 hours at double pay or another rate?
Overtime for 12-Hour Shifts
Secondly, if the 2nd shift starts from 3:00 P.M. to 11:00 P.M., with 0.5 hours allocated for dinner, but if a worker is called for a 12-hour duty from 7:00 P.M. to 7:00 A.M., what overtime should be provided to them, i.e., 3.5 hours or 4 hours?
Production Expectations During Extended Shifts
Thirdly, as illustrated above, in a 12-hour duty shift, should the worker be expected to produce at 1.5 times the normal rate? For example, if the production for regular working hours is 10,000 pieces, then for the above 12-hour duty, should it be 15,000 pieces or less? Please assist.
From India, New Delhi
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FACTORY ACT 1948.xls
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