Hello, I have the following queries.
1) If an organization is a Pvt. Ltd. Ad Agency, does it come under the Shop and Establishment Act, Minimum Wages Act, and Overtime Act?
2) If we are made to work for more than 9 hours a day, can we ask for overtime?
3) Does the overtime rule depend completely on the organization, whether to pay or not?
4) What can be done if the overtime rule is applicable, and the organization is denying the same?
Any kind of help will be highly appreciated.
Regards,
Pushkaraj N.
From India, Mumbai
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1) If an organization is a Pvt. Ltd. Ad Agency, does it come under the Shop and Establishment Act, Minimum Wages Act, and Overtime Act?
2) If we are made to work for more than 9 hours a day, can we ask for overtime?
3) Does the overtime rule depend completely on the organization, whether to pay or not?
4) What can be done if the overtime rule is applicable, and the organization is denying the same?
Any kind of help will be highly appreciated.
Regards,
Pushkaraj N.
From India, Mumbai
Acknowledge(0)Amend(0)
Understanding Overtime Regulations Under the Shops Act
1. Your establishment falls under the Shops Act and the Minimum Wages Act, which are applicable to it. There is no such thing as an Overtime Act.
2. If you work for 5 days a week, there is no instance of overtime because the maximum is 9 hours per day and 48 hours per week, which are the limits for considering overtime wages. If you work for 6 days a week, the weekly working hours become 54, which contravenes the Maharashtra Shops Act. Therefore, the employer will have to pay 1 hour of overtime wages for each day. If this is done every day, the employer will contravene the employee quarterly overtime limit. An employee working for more than 9 hours per day can claim overtime if entitled to receive it.
3. Overtime is specified in the act, and the organization cannot be less favorable in the rules. Overtime wages are to be calculated at double the monthly gross rate of wages.
4. Slowly and softly bring up the subject to the notice of the organization. If nothing happens, meet the Shops inspector or Government labor officer of your area and seek their help.
From India, Mumbai
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2741. Your establishment falls under the Shops Act and the Minimum Wages Act, which are applicable to it. There is no such thing as an Overtime Act.
2. If you work for 5 days a week, there is no instance of overtime because the maximum is 9 hours per day and 48 hours per week, which are the limits for considering overtime wages. If you work for 6 days a week, the weekly working hours become 54, which contravenes the Maharashtra Shops Act. Therefore, the employer will have to pay 1 hour of overtime wages for each day. If this is done every day, the employer will contravene the employee quarterly overtime limit. An employee working for more than 9 hours per day can claim overtime if entitled to receive it.
3. Overtime is specified in the act, and the organization cannot be less favorable in the rules. Overtime wages are to be calculated at double the monthly gross rate of wages.
4. Slowly and softly bring up the subject to the notice of the organization. If nothing happens, meet the Shops inspector or Government labor officer of your area and seek their help.
From India, Mumbai
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Amended Labor Laws.doc
Labor Laws Modified.pdf