boonusourav
4

Dear All,
I Am Brinda,
I Would Like To Know That Our Employees Are Working 12 Hours A Day. And My Boss Is Telling That We Need To Pay 4 Hours Of Overtime, While My Thinking Says That We Need To Pay Only For 3 1/2 Hours. As We Give Break Of 1/2 Hour For Lunch In Between. So My Question Is Are We Supposed To Pay For 1/2 Hour Lunch's Time. Please Help Me To Solve This Query.

From India, Ahmadabad
Madhu.T.K
4249

Overtime is to be calculated for the hours one works beyond 8 hours. However, an employee who works for 9 hours on a particular day is not suppose to get it but he will be getting OT for the time after 8 hours provided he works for more than 9 hours.
Regards,
Madhu.T.K

From India, Kannur
Rajeev Verma
77

Dear Brinda,
Overtime has to be paid for the 4 Hours, if you are taking the work for 12 hours from the employees.
Regarding the Lunch break is concerned, it is mandatory under the Section 55 of the Factories Act, 1948, narration of the same is as under :
55. INTERVALS FOR REST. - (1) The periods of work of adult workers in a factory each day shall be so fixed that no period shall exceed five hours and that no worker shall work for more than five hours before he has had an interval for rest of at least half an hour.


From India, Delhi
boonusourav
4

dear rajeev,
it means if a worker comes at 8 in the morning and takes a 1/2 hour break and finishes his work at 4. means total his presence is for 8 hours but he worked for only 7 1/2 hours only. so do he need to work for 1/2 hour more or not

From India, Ahmadabad
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