Dear Sir When any manufacturing factory do the Over time (OT) for workers, is it mandatory to intimate or take permission from Factory Inspector. Please advise as per legality. Regards Prakash
From India, Madras
From India, Madras
yes . its mandotaory to inform the laour inspector. and you to have to maintain the register for that . hope it will help you
From India, Delhi
8From India, Delhi
No intimation required but OT have quaterly limit under the factory ACT. please check. No labour inspector concern about ot only we have to pay double the rate of normal pay.
From India, Pune
From India, Pune
Hello,
Factories Act requires that not more than 48 hours of work can be got done from the workers. However, due to exigencies of business, the law recognises that sometimes extra working may be necessary. This extra work is called "Overtime". This clearly means that Overtime is the work done over and above 48 hours in a week.
The Act therefore provides that the Manager/Occupier under the Factories applies and obtains relaxation from working hours imposed by the act and if the request is granted by the factory Inspectorate of the area, then the work obtained within the relaxation granted is termed "Overtime" and is required to be compensated at teice the normal rate of wages.
Kindly study Sections 59 to 64 of the factories Act to get a clear picture of the provisions.
There are certain positions in the factory that are exempted from working hours restrictions if these are duly notified. (Sec 100 or 101 or 102)
In fact the factory inspectorate has EVERY jurisdiction in the matter of implementation of the various provisions of the act to proceed against the Factory, for violation of the Act in any way that includes, Overtime carried out without express prior permission from the Factory Inspectorate and within the limits approved.
However, rampant Overtime is done in most factories with impunity and till such time the workers do not complain and/or till the Factory Inspector of the area does not look into this aspect particularly at the time of routine inspection or otherwise, the matter (illegality) goes unnoticed and many of us tend to feel that doing OT without permission is no illegality anyway. In fact many us not even aware that a permission needs to be taken and that is the sorry part of the function as of today!!
Even if there are agreements/contracts signed between the company and Unions that OT may be carried out, such contracts are void ab initio!
I trust your querry is adequately answered, if not ask further questions.
Regards
samvedan
February 22, 2009
---------------------------------
From India, Pune
Factories Act requires that not more than 48 hours of work can be got done from the workers. However, due to exigencies of business, the law recognises that sometimes extra working may be necessary. This extra work is called "Overtime". This clearly means that Overtime is the work done over and above 48 hours in a week.
The Act therefore provides that the Manager/Occupier under the Factories applies and obtains relaxation from working hours imposed by the act and if the request is granted by the factory Inspectorate of the area, then the work obtained within the relaxation granted is termed "Overtime" and is required to be compensated at teice the normal rate of wages.
Kindly study Sections 59 to 64 of the factories Act to get a clear picture of the provisions.
There are certain positions in the factory that are exempted from working hours restrictions if these are duly notified. (Sec 100 or 101 or 102)
In fact the factory inspectorate has EVERY jurisdiction in the matter of implementation of the various provisions of the act to proceed against the Factory, for violation of the Act in any way that includes, Overtime carried out without express prior permission from the Factory Inspectorate and within the limits approved.
However, rampant Overtime is done in most factories with impunity and till such time the workers do not complain and/or till the Factory Inspector of the area does not look into this aspect particularly at the time of routine inspection or otherwise, the matter (illegality) goes unnoticed and many of us tend to feel that doing OT without permission is no illegality anyway. In fact many us not even aware that a permission needs to be taken and that is the sorry part of the function as of today!!
Even if there are agreements/contracts signed between the company and Unions that OT may be carried out, such contracts are void ab initio!
I trust your querry is adequately answered, if not ask further questions.
Regards
samvedan
February 22, 2009
---------------------------------
From India, Pune
Dear Sir
Thanks for mail
If the OT register is maintained and wages also given as per sec 59 of the Factory Act, then also is it mandatory to get permission from Factory Inspector.Please advice.Because sec 59-64 does warrant the clearity about seeking permission from concerned Inspector.
Request clarify
Regards & thanks
Prakash
From India, Madras
Thanks for mail
If the OT register is maintained and wages also given as per sec 59 of the Factory Act, then also is it mandatory to get permission from Factory Inspector.Please advice.Because sec 59-64 does warrant the clearity about seeking permission from concerned Inspector.
Request clarify
Regards & thanks
Prakash
From India, Madras
Hello,
Like I said in the earlier mail, there is NO provision in Factories Act for any authority to grant you any permission to do OT-not even the Factory inspector!!!
Under Sec. 59 onwards what you get is "relaxation of working hours" beyond normal 48 hours/week to a higher level as may be permitted in the sanctioned relaxation limit.
The work done beyond 48 hours and below the sanctioned relaxation is called "Overtime" and when OT in such a case is done the maintenance of registers etc. becomes mandatory.
The relaxation granted from working hours is in common parlance is called the "permission" to do OT.
So, no OT is possible in the absence of "relaxation of working hours" and work done in the period of relaxation of working hours qualifies to be termed OT. Permission in that sense is therefore NECESSARY!
Any further questions?
Regards
samvedan
February 25, 2009
---------------------
From India, Pune
Like I said in the earlier mail, there is NO provision in Factories Act for any authority to grant you any permission to do OT-not even the Factory inspector!!!
Under Sec. 59 onwards what you get is "relaxation of working hours" beyond normal 48 hours/week to a higher level as may be permitted in the sanctioned relaxation limit.
The work done beyond 48 hours and below the sanctioned relaxation is called "Overtime" and when OT in such a case is done the maintenance of registers etc. becomes mandatory.
The relaxation granted from working hours is in common parlance is called the "permission" to do OT.
So, no OT is possible in the absence of "relaxation of working hours" and work done in the period of relaxation of working hours qualifies to be termed OT. Permission in that sense is therefore NECESSARY!
Any further questions?
Regards
samvedan
February 25, 2009
---------------------
From India, Pune
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