Dear All,
I am implementing OT in my company in Chennai, Tamil Nadu and have a few clarifications with regard to OT
1) We work five days a week for nine hours (includes two tea breaks) + half hour lunch break (exlcuded for the purpose of calculating working hours). Which means we are working 45 hours per week. Please correct me.
2) Under sec 64 it is mentioned 'The total number of hours of work in any day shall not exceed ten' does that mean the total working hours including rest will not be more than ten hours. Please correct if the calculation of my working time mentioned above is in line with the act?
3) Assuming an employee work OT for 3 hours on any particular day in a week. then the total working hours would sum up to 48hrs per week. But for the purpose of OT per day would mean he has worked 12 hours. Do I still need to pay OT for this working?
Abhilash
From India, Hyderabad
I am implementing OT in my company in Chennai, Tamil Nadu and have a few clarifications with regard to OT
1) We work five days a week for nine hours (includes two tea breaks) + half hour lunch break (exlcuded for the purpose of calculating working hours). Which means we are working 45 hours per week. Please correct me.
2) Under sec 64 it is mentioned 'The total number of hours of work in any day shall not exceed ten' does that mean the total working hours including rest will not be more than ten hours. Please correct if the calculation of my working time mentioned above is in line with the act?
3) Assuming an employee work OT for 3 hours on any particular day in a week. then the total working hours would sum up to 48hrs per week. But for the purpose of OT per day would mean he has worked 12 hours. Do I still need to pay OT for this working?
Abhilash
From India, Hyderabad
Dear Abhilash,
Working hour in factory in manufacturing process as per factory Act is as below
In Factory Act 1948, CHAPTER-4
4.1 Section 51 of the Factories Act, 1948 prescribes that no adult worker shall be required or allowed to work in a factory for more than forty-eight hours in any week. Further, Section 54 stipulates that subject to the provision of Section 51 no adult worker shall be required or
allowed to work in a factory for more than nine hours in any day. However, there is a provision to this section which states that subject to the prior approval of the Chief Inspector, the daily maximum hours specified in Section 54 may be exceeded in order to facilitate the change of
shifts.
4.2 Section 52 of the Act states that no adult worker shall be required or allowed to work in a factory on the first day of the week i.e. weekly holiday. Section 53 of the Act ,further, states that if the worker is deprived of any of the weekly holidays for which provision is made in Section 52, he shall be allowed, with in the month in which the holidays were due to him or
with in the two months immediately following that month , compensatory holidays of equal number to the holidays so lost. Section 55 of the Act lays down that the periods of work of adult workers in a factory each day shall be so fixed that no worker shall work for more than 5 hours before he has had an interval for rest of at least half an hour. The Chief Inspector of Factories can exempt any factory from this provision so however that the total number of hours worked by a worker without an interval does not exceed six.
4.3 Section 56 of the Act stipulates that the period of work of an adult worker in a factory shall be so arranged that, inclusive of his intervals for rest under Section 55, it shall not spread over more than ten and half hours on any day. The Chief Inspector, may, however, increase the spread over upto twelve hours on specific grounds.
Regards
Manish
From India, Bangalore
11Working hour in factory in manufacturing process as per factory Act is as below
In Factory Act 1948, CHAPTER-4
4.1 Section 51 of the Factories Act, 1948 prescribes that no adult worker shall be required or allowed to work in a factory for more than forty-eight hours in any week. Further, Section 54 stipulates that subject to the provision of Section 51 no adult worker shall be required or
allowed to work in a factory for more than nine hours in any day. However, there is a provision to this section which states that subject to the prior approval of the Chief Inspector, the daily maximum hours specified in Section 54 may be exceeded in order to facilitate the change of
shifts.
4.2 Section 52 of the Act states that no adult worker shall be required or allowed to work in a factory on the first day of the week i.e. weekly holiday. Section 53 of the Act ,further, states that if the worker is deprived of any of the weekly holidays for which provision is made in Section 52, he shall be allowed, with in the month in which the holidays were due to him or
with in the two months immediately following that month , compensatory holidays of equal number to the holidays so lost. Section 55 of the Act lays down that the periods of work of adult workers in a factory each day shall be so fixed that no worker shall work for more than 5 hours before he has had an interval for rest of at least half an hour. The Chief Inspector of Factories can exempt any factory from this provision so however that the total number of hours worked by a worker without an interval does not exceed six.
4.3 Section 56 of the Act stipulates that the period of work of an adult worker in a factory shall be so arranged that, inclusive of his intervals for rest under Section 55, it shall not spread over more than ten and half hours on any day. The Chief Inspector, may, however, increase the spread over upto twelve hours on specific grounds.
Regards
Manish
From India, Bangalore
Hi, My understanding is work hours apply to those that can claim OT only. I would like to top up that if your company want to follow EICC CoC , then beside fulfilling the India Law and Regulation, the total work hours ( including OT ) should not exceed 60 hours per week too.
From Malaysia, Kuala Lumpur
From Malaysia, Kuala Lumpur
Dear Kumar
As per factory act worker defined as "worker" means a person 2*[employed, directly or by or through any agency (including a contractor) with or without the knowledge of the principal employer,whether for remuneration or not], in any manufacturing process, or in cleaning any part of the machinery or premises used for a manufacturing process, or in any other kind of work incidental to, or connected with,the manufacturing process, or the subject of the manufacturing process. And in sec -7 manager is the representative of occupier or occupier.
And as per factory act worker have paid to OT If worker works in a factory for more than nine hours in any day or for more than forty eight hours in any week, he shall, in respect of overtime work, be entitled to wages at the rate of twice his ordinary rate of wages.
Regards
Manish
From India, Bangalore
As per factory act worker defined as "worker" means a person 2*[employed, directly or by or through any agency (including a contractor) with or without the knowledge of the principal employer,whether for remuneration or not], in any manufacturing process, or in cleaning any part of the machinery or premises used for a manufacturing process, or in any other kind of work incidental to, or connected with,the manufacturing process, or the subject of the manufacturing process. And in sec -7 manager is the representative of occupier or occupier.
And as per factory act worker have paid to OT If worker works in a factory for more than nine hours in any day or for more than forty eight hours in any week, he shall, in respect of overtime work, be entitled to wages at the rate of twice his ordinary rate of wages.
Regards
Manish
From India, Bangalore
Dear Manish,
Thanks for you input.
I need some clarification
The employees designated as a Manager e.g.
-Sales Manager in a Pvt. Life Insurance company to whom no manager reports and who handles a team of insurance agents recruited on commission basis ,
-or in case of Pharma Company :an Area Manager who is a first line manager handling a team of medical repreentatives
and a Regional Manager who is a second line manager handling a team of Area Managers and medical representatives
are eligible for OT or not.
Sales Manager, Area Manager,Regional Manager are made to work for more than 9 hours a day in office, and many times on off days including Saturday, holidays and they mark attendance in register, but do not mark attendance online since on off days on line attendance does not work.Some times they are asked to report for duty on off days by SMS, phone calls.
These employees Sales Manager, Area Manager,Regional Manager are covered as workman as per some of the court decisions.
What is the remedy for them.
Response from all members is highly appreciated.
From India, Chandigarh
Thanks for you input.
I need some clarification
The employees designated as a Manager e.g.
-Sales Manager in a Pvt. Life Insurance company to whom no manager reports and who handles a team of insurance agents recruited on commission basis ,
-or in case of Pharma Company :an Area Manager who is a first line manager handling a team of medical repreentatives
and a Regional Manager who is a second line manager handling a team of Area Managers and medical representatives
are eligible for OT or not.
Sales Manager, Area Manager,Regional Manager are made to work for more than 9 hours a day in office, and many times on off days including Saturday, holidays and they mark attendance in register, but do not mark attendance online since on off days on line attendance does not work.Some times they are asked to report for duty on off days by SMS, phone calls.
These employees Sales Manager, Area Manager,Regional Manager are covered as workman as per some of the court decisions.
What is the remedy for them.
Response from all members is highly appreciated.
From India, Chandigarh
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Working hours & over time.docx
Working Hours.pdf