Are drivers who are an employee for school eligible for overtime?? When they are on tour for 4-5 days can they ask for overtime & that when their food and accommodation is being arranged by school itself, What should be the possible solutions to minimize this thing if it is legit. Pls suggest a policy which could minimize or nullify the above situation.
3
Dear Rithveek,
Any employee whose minimum conditions of employment are subject to the provisions of the Payment of Wages Act,1936, the Minimum Wages Act,1948 and any of the establishment-related labor laws such as the Factories Act,1948, State Shops & Establishments Acts etc., is entitled for over time wages if he is required by the employer to work beyond his normal working hours on any day at the enhanced rate fixed under the respective Law. Therefore, drivers employed in any private educational institutions are not exempted.
Like any other employee required to go on tour in connection with his employment, the drivers of educational institutions are also entitled to daily allowance towards the expenses of their boarding and lodging. When the management arranges such things officially as well as formally, then there is no necessity to pay separate daily allowance in this regard. I think that you understand what i mean by the adjective "formally" - it should be a decent arrangement of a comfortable stay for a person - not just like asking him to sleep in the vehicle itself or in the veranda of a host school exposed to atmosphere. As for as a driver of a vehicle is concerned, his working hours would normally revolve around total hours spent on the wheel as well as the waiting time in between. But, when he is driving a vehicle on occasions like educational tours, it would be difficult to precisely calculate the exact hours of his work. Therefore, include some extra money towards this also in his daily allowance on tour. Since the safety of the travelers/students on such tours is in the hands of the vehicle driver, try to keep him in good humour by your magnanimity.
From India, Salem
Any employee whose minimum conditions of employment are subject to the provisions of the Payment of Wages Act,1936, the Minimum Wages Act,1948 and any of the establishment-related labor laws such as the Factories Act,1948, State Shops & Establishments Acts etc., is entitled for over time wages if he is required by the employer to work beyond his normal working hours on any day at the enhanced rate fixed under the respective Law. Therefore, drivers employed in any private educational institutions are not exempted.
Like any other employee required to go on tour in connection with his employment, the drivers of educational institutions are also entitled to daily allowance towards the expenses of their boarding and lodging. When the management arranges such things officially as well as formally, then there is no necessity to pay separate daily allowance in this regard. I think that you understand what i mean by the adjective "formally" - it should be a decent arrangement of a comfortable stay for a person - not just like asking him to sleep in the vehicle itself or in the veranda of a host school exposed to atmosphere. As for as a driver of a vehicle is concerned, his working hours would normally revolve around total hours spent on the wheel as well as the waiting time in between. But, when he is driving a vehicle on occasions like educational tours, it would be difficult to precisely calculate the exact hours of his work. Therefore, include some extra money towards this also in his daily allowance on tour. Since the safety of the travelers/students on such tours is in the hands of the vehicle driver, try to keep him in good humour by your magnanimity.
From India, Salem
Also we are arranging proper accomodation & food for our drivers, so do we need to pay them overtime or any allowance say in 3 situations : Situation 1 driver drives from ahmedabad to xyz city and stays for 3 days each day he drives 6_7 hrs & stays in night, his salary is 7k. Situation 2 : Driver drives from ahmedabad to xyz city and stays for 3 days each day he drives for 10 hrs & stays in night, his salary is 7k. Situation : 3 driver drives for 8 hrs and comes to his place on the same day..
Please suggest allowance or overtime according to the situations mentioned above.
Please suggest allowance or overtime according to the situations mentioned above.
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