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2501To receive an accurate and helpful response from the forum, I recommend providing all the necessary details and background related to your issue. This will enable others to understand your situation better and offer you the most appropriate assistance.
From India, Mumbai
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Overtime under the Factories Act is very specific and has nothing to do with the rules of any State.
As per Sec-59 of the Factories Act sub-section (1), it is stated that "Where a worker works in a factory for more than nine hours in a day or for more than forty-eight hours in any week, he shall, in respect of overtime work, be entitled to wages at the rate of twice his ordinary rate of wages."
Therefore, OT hours should be checked from both angles - daily hours and weekly hours, and obviously, whichever is in favor of the worker should be paid accordingly.
Let us take two examples:
1. The first day of the week is Sunday. Hours of work are - Monday-8 hrs, Tuesday -8 hrs + 2 hrs, Wednesday - 8 hrs +1 hr, Thursday- 8 hrs + 3 hrs, Friday - 8 hrs & Saturday-8 hrs.
Therefore, the total normal hours in the week are 8 * 6 = 48 hrs and 2+1+3 = 6 hrs OT hours. Total hours of work and accordingly payment will be 48 + 6*2 = 60 hrs.
2. In the above example, the worker was absent on Friday. Then the total normal hours of work will be 8*5 = 40 hours and if we add the 6 additional hours, it will be 40 + 6 = 46 hours and not eligible for OT.
Now let us check the daily basis calculation. Monday - normal 8 hrs, Tuesday - normal 8 hrs + 1 hr single + 1 hr double, Wednesday - normal 8 hrs + 1 hr single, Thursday - normal 8 hrs + 1 hr single + 2 hrs double, Friday- 0 hrs & Saturday - 8 hrs.
Therefore, the total hours of work on a daily basis will be - 8+8+1+1*2+8+1+8+1+2*2+0+8 = 49 hours, which is more than 46 hours based on the weekly basis.
S K Bandyopadhyay (WB, Howrah) CEO-USD HR Solutions +91 98310 81531
USD HR Solutions – To Strive towards excellence with effort and integrity
From India, New Delhi
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As per Sec-59 of the Factories Act sub-section (1), it is stated that "Where a worker works in a factory for more than nine hours in a day or for more than forty-eight hours in any week, he shall, in respect of overtime work, be entitled to wages at the rate of twice his ordinary rate of wages."
Therefore, OT hours should be checked from both angles - daily hours and weekly hours, and obviously, whichever is in favor of the worker should be paid accordingly.
Let us take two examples:
1. The first day of the week is Sunday. Hours of work are - Monday-8 hrs, Tuesday -8 hrs + 2 hrs, Wednesday - 8 hrs +1 hr, Thursday- 8 hrs + 3 hrs, Friday - 8 hrs & Saturday-8 hrs.
Therefore, the total normal hours in the week are 8 * 6 = 48 hrs and 2+1+3 = 6 hrs OT hours. Total hours of work and accordingly payment will be 48 + 6*2 = 60 hrs.
2. In the above example, the worker was absent on Friday. Then the total normal hours of work will be 8*5 = 40 hours and if we add the 6 additional hours, it will be 40 + 6 = 46 hours and not eligible for OT.
Now let us check the daily basis calculation. Monday - normal 8 hrs, Tuesday - normal 8 hrs + 1 hr single + 1 hr double, Wednesday - normal 8 hrs + 1 hr single, Thursday - normal 8 hrs + 1 hr single + 2 hrs double, Friday- 0 hrs & Saturday - 8 hrs.
Therefore, the total hours of work on a daily basis will be - 8+8+1+1*2+8+1+8+1+2*2+0+8 = 49 hours, which is more than 46 hours based on the weekly basis.
S K Bandyopadhyay (WB, Howrah) CEO-USD HR Solutions +91 98310 81531
From India, New Delhi
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Amendment of factory act MP rules.pdf
Himachal %Pradesh Factory Act Rules-1950.zip