Kindly let me know if Overtime hours is exempted for wages of the workers whose wage is less than or equal to INR 6500.00
From India, Gurgaon
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1From India, Gurgaon
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The right to receive overtime wages is not restricted only to employees drawing a certain amount of wages, but it is available to all employees who fall under the definitions of the Factories Act, Shops and Commercial Establishments Act, Mines Act, or Plantation Labour Act, as the case may be.
Regards,
Madhu.T.K
From India, Kannur
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Regards,
Madhu.T.K
From India, Kannur
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Dear i want to know that is it written anywhere in factory acts that employees with certain amount of salary is not entitled for overtime.......
From India, Surat
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From India, Surat
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Definition of a worker in the Factories Act is narrow but describes one as a person engaged in manufacturing activity either directly or indirectly. In case of any dispute regarding eligibility for overtime (as well as any available benefits), you can refer to the definition of a workman given in the Industrial Disputes Act. According to this act, a workman is someone who earns a salary of not more than Rs 10,000. However, the salary considered for this purpose should be the statutory salary, such as Basic salary and dearness allowances, and should not include variables typically included in the Cost to Company (CTC).
Courts have provided different interpretations of the term "worker," stating that it is not solely based on the person's job title but also on the functional responsibilities they hold. This determination decides whether the employee is classified as a workman, supervisor, or managerial person. Therefore, any employee, regardless of their salary, who lacks the authority to supervise workers through actions like sanctioning leave, appraising performance, or initiating disciplinary action is considered a worker.
It is advisable to categorize employees based on overtime eligibility by determining whether they fall under the Industrial Disputes Act or not.
Regards,
Madhu.T.K
From India, Kannur
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Courts have provided different interpretations of the term "worker," stating that it is not solely based on the person's job title but also on the functional responsibilities they hold. This determination decides whether the employee is classified as a workman, supervisor, or managerial person. Therefore, any employee, regardless of their salary, who lacks the authority to supervise workers through actions like sanctioning leave, appraising performance, or initiating disciplinary action is considered a worker.
It is advisable to categorize employees based on overtime eligibility by determining whether they fall under the Industrial Disputes Act or not.
Regards,
Madhu.T.K
From India, Kannur
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Exemption on Salary Components.doc