Need your expert advise, what is the maximum overtime hours in a week for a front line worker according to Indian labour law, waiting your valuable response. Thanks
From India, New Delhi
2From India, New Delhi
Dear Karnanand,
I would have appreciated you if you would have asked a query which is very specific one.
There is no uniform law across the country to all the labours working in factories, mines, docks, commercial establishments and other establishments.
Answer to your query will depend upon various factors. The law is different for factories, mines, docks, commercial establishments and other establishments. Law may be different in every state.
I am giving you the relevant provisions as applicable in Maharashtra to shops and other establishments and to factories for your reference.
Section 63 of Bombay Shops and Establishment Act states as under:
Section 63: Wages for overtime work:
Where an employee in any establishment to which this Act applies is required to work in excess of the limit of hours of work, he shall be entitled, in respect of the overtime work, wages at the rate of twice his
ordinary rate of wages.
Explanation .For the purposes of this section the expression "limit of hours of work" shall mean -
(a) in the case of employees in shops and commercial establishments, nine hours in any day and forty-eight hours in any week;
(b) in the case of employees in residential hotels, restaurants, eating houses, theatres or other places of public amusement or entertainment, nine hours in any day; and
(c) in the case of employees in any other establishment, such hours as may be prescribed.
[Provided that, the maximum limit for working overtime shall not exceed three hours and the employer may, for the purpose of the work beyond the said overtime hours, engage additional number of employees.]
Rule 102 under Maharashtra Factories Rules state as under:
Adult workers engaged in factories specified in column 2 of the Schedule hereto annexed, on the work specified in column 4 of the said Schedule shall be exempt from the provisions of the section specified in column 5 thereof subject to the conditions, if any, specified in column 6 of the said Schedule and also sub
ject to the following conditions, namely:-
(i) no woman worker shall be required or allowed to work for more than nine hours in any day;
(ii) except in respect of exemption under clause (a) of sub-section (2) of section 61 the following limits of work inclusive of overtime shall be observed, namely:-
(a) the total number of hours of work in any day shall not exceed ten;
(b) the spread over, inclusive of intervals for rest, shall not exceed twelve hours in any one day;
(c) the total number of hours in week, including overtime shall not exceed sixty; and
(d) the total number of hours of overtime shall not exceed fifty for any one quarter:
Provided that the limits imposed by sub-clauses (a) and (b) of this clause shall not apply in the case of a shift worker engaged in factories specified against category and No. X (1) to (39) in the Schedule if the said workers is allowed to work the whole or part of the subsequent shift in the absence of a worker who has failed to report for duty.
From India, Mumbai
I would have appreciated you if you would have asked a query which is very specific one.
There is no uniform law across the country to all the labours working in factories, mines, docks, commercial establishments and other establishments.
Answer to your query will depend upon various factors. The law is different for factories, mines, docks, commercial establishments and other establishments. Law may be different in every state.
I am giving you the relevant provisions as applicable in Maharashtra to shops and other establishments and to factories for your reference.
Section 63 of Bombay Shops and Establishment Act states as under:
Section 63: Wages for overtime work:
Where an employee in any establishment to which this Act applies is required to work in excess of the limit of hours of work, he shall be entitled, in respect of the overtime work, wages at the rate of twice his
ordinary rate of wages.
Explanation .For the purposes of this section the expression "limit of hours of work" shall mean -
(a) in the case of employees in shops and commercial establishments, nine hours in any day and forty-eight hours in any week;
(b) in the case of employees in residential hotels, restaurants, eating houses, theatres or other places of public amusement or entertainment, nine hours in any day; and
(c) in the case of employees in any other establishment, such hours as may be prescribed.
[Provided that, the maximum limit for working overtime shall not exceed three hours and the employer may, for the purpose of the work beyond the said overtime hours, engage additional number of employees.]
Rule 102 under Maharashtra Factories Rules state as under:
Adult workers engaged in factories specified in column 2 of the Schedule hereto annexed, on the work specified in column 4 of the said Schedule shall be exempt from the provisions of the section specified in column 5 thereof subject to the conditions, if any, specified in column 6 of the said Schedule and also sub
ject to the following conditions, namely:-
(i) no woman worker shall be required or allowed to work for more than nine hours in any day;
(ii) except in respect of exemption under clause (a) of sub-section (2) of section 61 the following limits of work inclusive of overtime shall be observed, namely:-
(a) the total number of hours of work in any day shall not exceed ten;
(b) the spread over, inclusive of intervals for rest, shall not exceed twelve hours in any one day;
(c) the total number of hours in week, including overtime shall not exceed sixty; and
(d) the total number of hours of overtime shall not exceed fifty for any one quarter:
Provided that the limits imposed by sub-clauses (a) and (b) of this clause shall not apply in the case of a shift worker engaged in factories specified against category and No. X (1) to (39) in the Schedule if the said workers is allowed to work the whole or part of the subsequent shift in the absence of a worker who has failed to report for duty.
From India, Mumbai
Dear Karnand,
If you are in Tunnelling work, I presume your firm must be under the Mines Act, being work of this nature either above ground or below ground. So you should officially follow the provisions under the Mines Act, officially. I know the nature of work in a Mines. Many a time the statutory employees like, Agents, Mates, Foremen, Mine Manager, Driller, Blaster etc. when not in sufficient numbers there exists no alternative but to overstep the provisions of Mines Act in the matter of maximum hours of continuous work. Off the record, I could only suggest you to book OT to the extent allowed in the statute, rest of the hours you may compensate the like amount thro' Incentives route.
kumar.s.
From India, Bangalore
If you are in Tunnelling work, I presume your firm must be under the Mines Act, being work of this nature either above ground or below ground. So you should officially follow the provisions under the Mines Act, officially. I know the nature of work in a Mines. Many a time the statutory employees like, Agents, Mates, Foremen, Mine Manager, Driller, Blaster etc. when not in sufficient numbers there exists no alternative but to overstep the provisions of Mines Act in the matter of maximum hours of continuous work. Off the record, I could only suggest you to book OT to the extent allowed in the statute, rest of the hours you may compensate the like amount thro' Incentives route.
kumar.s.
From India, Bangalore
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