kumudsharma11
Hello,
We comes under the shops and establishment and my question is that, what would be the working hours including lunch and is possible that if we take work from them for 12 hours so we can bifurcate 4 hours extra as OT into salary slip.
Is it viable to process as per Labour law.

From India, Panipat
fc.vadodara@nidrahotels.com
734

Yes you can bifurcate/mention the extra 4 hours as Overtime into the Salary Slip as per the OT rate, provided the OT should not be forceful
From India, Ahmadabad
saswatabanerjee
2395

I hope you realise that overtime is suppose to be an exception. You can not make the employee work for 12 hour shift and consider 4 hours of overtime very day. That is not allowed. Maximum overtime allowed in most states is 6 -8 hours a week or 50 hours a month. If you are doing 12 hour shifts, the actual will be far more and will get you into trouble.
From India, Mumbai
fc.vadodara@nidrahotels.com
734

Yes forgot to mention, as rightly mentioned by Mr. Banerjee overtime should not be a daily affair as there is a cap as mentioned in above thread.
From India, Ahmadabad
Rajesh Kumar Dubey
66

Mr Saswata,
Mostly Some Retail House takes duty from guys 12 Hrs / Day as per my observation.
How can they people are managing their duty as per statutory norms. If aware about , please give some inputs.
Regards

From India
saswatabanerjee
2395

Raj,
I hope you are referring to retail shops and not housing societies
12 hour shifts are illegal and nothing they do or say will make it legal.
They are banking on 2 things :
- apathy of the employees themselves or their inability to protest as they need the job desparately
- ability to bribe the government officials to ignore the matter

From India, Mumbai
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