Dear Seniors,
Though this topic has been discussed several times in the community, however i just need a little bit of confirmation tat whatever i have grasped is correct.. Please check the below mentioned points.
1) in laws it says that an employee can work for a maximum of 9 hrs per day and 48 hrs per week. And both these timings r exclusive of lunch breaks/ rest periods. e.g. if a company works from 9.30 to 7 pm(5 days working) and gives 30 minutes of lunch break then net 9 hrs working is correct?????
2. Overtime is payable if somebody works for more than these specified 9 working hrs or net 48 working hrs per week.. eg. if a company works from 9.30 to 6 and gives 30 minutes of break then its net working time is 8 hrs so even if employee works till 7pm daily for a week then no OT is payable as total hrs NET WORKING HRS for week become only 45? Am i right in this?
3. if in an organisation we say our spread over is of 10 hrs and timings detail is like 8.30 am to 6.30 pm and this includes 30 min lunch break. 2 tea breaks of 15 min each which makes NET WORKING HRS AS 9 ONLY then are we legally right?
4. so if all the points abv r right then do we need to declare it beforehand only to inspector who comes for the survey or at that point only we can say this is as per our policy.
My questions might be lengthy but please help me by clearing my doubts and making this matter crystal clear to me.
Looking forward to all the seniors help.
thanks
Neha
From India, Chandigarh
17Though this topic has been discussed several times in the community, however i just need a little bit of confirmation tat whatever i have grasped is correct.. Please check the below mentioned points.
1) in laws it says that an employee can work for a maximum of 9 hrs per day and 48 hrs per week. And both these timings r exclusive of lunch breaks/ rest periods. e.g. if a company works from 9.30 to 7 pm(5 days working) and gives 30 minutes of lunch break then net 9 hrs working is correct?????
2. Overtime is payable if somebody works for more than these specified 9 working hrs or net 48 working hrs per week.. eg. if a company works from 9.30 to 6 and gives 30 minutes of break then its net working time is 8 hrs so even if employee works till 7pm daily for a week then no OT is payable as total hrs NET WORKING HRS for week become only 45? Am i right in this?
3. if in an organisation we say our spread over is of 10 hrs and timings detail is like 8.30 am to 6.30 pm and this includes 30 min lunch break. 2 tea breaks of 15 min each which makes NET WORKING HRS AS 9 ONLY then are we legally right?
4. so if all the points abv r right then do we need to declare it beforehand only to inspector who comes for the survey or at that point only we can say this is as per our policy.
My questions might be lengthy but please help me by clearing my doubts and making this matter crystal clear to me.
Looking forward to all the seniors help.
thanks
Neha
From India, Chandigarh
Dear neha your all points are reasoable and correct legally but if you are covered under factories act than you have to take appoval on form 11 from inpector of factories
From India, Delhi
From India, Delhi
Thanks alot sir. to be very honest i already expected that only u will answer my queries coz ur always there to answer even the stupidest questions raised by ppl lke me who are still very new to this profession.
thank alot for being always so helpful.
We are covered undr shops & establishment act so do v also need a prior approval?
From India, Chandigarh
thank alot for being always so helpful.
We are covered undr shops & establishment act so do v also need a prior approval?
From India, Chandigarh
Sir, Please, let me know more about "Overtime Execmption" approval from Inspector of Factories.
From India, Madras
From India, Madras
I think the law was genuinely enacted in the interest of labours who worked under physical stress in manufacturing companies where they work continuously without break except lunch, which still is applicable across many countries. Companies abroad across different industries such financial services, IT services also work in similar model of 8-9 hours, whereas it is not the case in India where we are bound to or work more than 10 hours upto 18 hours depending on the role & responsibilities especially in a bad market.
Plus, the services industry has brought a flexible culture where you are not monitored hourly to check if you are really working. In that case, the management expects everyone to complete the job which was scheduled.
I've had the experience to work in London just before the recession started, when people who are VPs, Business Heads used to login from home at 3 Am and work till morning to ensure the IT systems work properly. So, It's not about the number of hours you work , but it's about the task completion. Ofcourse, one gets paid excess as variable pay, bonus, individual performance pay at the end of every month or year which is basically nothing but OverTime payment.
From India, Madras
Plus, the services industry has brought a flexible culture where you are not monitored hourly to check if you are really working. In that case, the management expects everyone to complete the job which was scheduled.
I've had the experience to work in London just before the recession started, when people who are VPs, Business Heads used to login from home at 3 Am and work till morning to ensure the IT systems work properly. So, It's not about the number of hours you work , but it's about the task completion. Ofcourse, one gets paid excess as variable pay, bonus, individual performance pay at the end of every month or year which is basically nothing but OverTime payment.
From India, Madras
malik sir I am new to hr profession i am totally confused with pf. can u explain me one case law visya
From India, Hyderabad
From India, Hyderabad
Dear Srividya
Welcome to CiteHR.
there are lots of threads on PF.
Please "search the site using the SEARCH tool, and you"ll get what you want.
BTW do you know the meaning of "case law" ?
can you explain what you mean by it ?
From India, Delhi
Welcome to CiteHR.
there are lots of threads on PF.
Please "search the site using the SEARCH tool, and you"ll get what you want.
BTW do you know the meaning of "case law" ?
can you explain what you mean by it ?
From India, Delhi
Dear Neha
I liked the way you sought clarification with full details and instances. It is always good to seek confirmation on what one learns; rather than be doubtful forever.
Keep learning and learning the correct precise facts - thats what makes someone an expert or an authority.
Regards.
From India, Delhi
I liked the way you sought clarification with full details and instances. It is always good to seek confirmation on what one learns; rather than be doubtful forever.
Keep learning and learning the correct precise facts - thats what makes someone an expert or an authority.
Regards.
From India, Delhi
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