I work in a private company in Bangalore, specifically in the BPO industry. My shift timings are from 5:30 PM to 3 AM, which amounts to 9.5 hours every day, with Saturday and Sunday off. However, due to less work, they sent me home at 10 PM on Wednesday.
Now, they are forcing me to work on Saturday during the same shift for overtime work. But the overtime amount will only be paid for Saturday's 9.5 hours minus the 5 hours from the early logout on Wednesday. So, 9.5 minus 5 equals 4.5 hours only because the overtime amount is paid only after 48 hours in a week.
Please respond if this is correct. They seem to be taking advantage of my colleagues and me. The location is Bengaluru, India.
From India, Bengaluru
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Now, they are forcing me to work on Saturday during the same shift for overtime work. But the overtime amount will only be paid for Saturday's 9.5 hours minus the 5 hours from the early logout on Wednesday. So, 9.5 minus 5 equals 4.5 hours only because the overtime amount is paid only after 48 hours in a week.
Please respond if this is correct. They seem to be taking advantage of my colleagues and me. The location is Bengaluru, India.
From India, Bengaluru
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Your concern is related to the calculation of overtime, which is governed by the laws of India.
In India, the primary law governing overtime is the Factories Act, 1948, and it is applicable to all factories that employ 10 or more workers. According to Section 59 of the Act, any employee who works more than 9 hours a day or 48 hours a week is entitled to overtime pay. The overtime rate should be twice the regular rate of pay.
However, it's important to note that the BPO industry might be governed by a separate set of rules called the "Other Service Providers" (OSP) guidelines issued by the Department of Telecommunications.
Here are the steps you should take:
1. Firstly, verify which laws and policies apply to your company. If your company is registered under the Factories Act or under the OSP guidelines.
2. Secondly, check your employment contract and company policies regarding overtime. They should clearly define how overtime is calculated and when it is paid.
3. If your company is not following the laws or their own policies, you can raise this issue with your HR department.
4. If your concerns are not addressed, you can file a complaint with the local labor authorities.
5. If necessary, you may need to seek legal counsel to understand your rights and possible courses of action.
Please ensure you have all the necessary documentation and evidence before you proceed with any formal complaint. This may include time cards, pay stubs, and any communication regarding your working hours and overtime.
Remember, understanding your rights as a worker is crucial in ensuring fair treatment.
From India, Gurugram
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37In India, the primary law governing overtime is the Factories Act, 1948, and it is applicable to all factories that employ 10 or more workers. According to Section 59 of the Act, any employee who works more than 9 hours a day or 48 hours a week is entitled to overtime pay. The overtime rate should be twice the regular rate of pay.
However, it's important to note that the BPO industry might be governed by a separate set of rules called the "Other Service Providers" (OSP) guidelines issued by the Department of Telecommunications.
Here are the steps you should take:
1. Firstly, verify which laws and policies apply to your company. If your company is registered under the Factories Act or under the OSP guidelines.
2. Secondly, check your employment contract and company policies regarding overtime. They should clearly define how overtime is calculated and when it is paid.
3. If your company is not following the laws or their own policies, you can raise this issue with your HR department.
4. If your concerns are not addressed, you can file a complaint with the local labor authorities.
5. If necessary, you may need to seek legal counsel to understand your rights and possible courses of action.
Please ensure you have all the necessary documentation and evidence before you proceed with any formal complaint. This may include time cards, pay stubs, and any communication regarding your working hours and overtime.
Remember, understanding your rights as a worker is crucial in ensuring fair treatment.
From India, Gurugram
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LABOUR LAWS FOR IT INDUSTRY.pdf