Dear all, Greetings of the day! I have a query with all members regarding the payment of Overtime under the factory act 1948. As per act -
"Under Sec. 59 it is mentioned that where a worker works in a factory for more than 9 hours in any day or for more than 48 hours in any week, he/she shall, in respect of overtime work, be entitled to receive wages at the rate of twice his/her ordinary rate of wages."
As shown above, if a worker works more than 09 hours on any day or more than 48 hours in a week under section 59, then he will be entitled to double the amount of normal salary overtime.
Now I have questions here -
01. If a worker works only 05 days in a week and he also does 01 hours extra per day. That means 01 hour extra from the prescribed duty period, then will he be entitled to double the salary for that 01 hour? As said in the act.
02. The worker performs normal duty on 05 days and overtime for 08 hours on a weekly holiday, leading to double the payment for 16 hours and thus he gets paid for the entire month's salary.
I pay the same way but my question is that as he worked 09 hours daily, according to this he worked only 45 hours in a week i.e. he is not employed under the factory act's overtime payment rule. So whether in such a situation we should pay the workers the normal salary (single payment) or as it is written in the Act.
I believe -
26 X 08 = Only after doing 208 hours (48 Hours in a week )a worker should have the purpose of double payment and less than this should be the normal salary payment (single payment).
Please think if I want to give the Overtime in one day then the worker will be eligible after the normal working hours i.e either 08 Hours or what hours are approved as per law.
Please provide guidance!
From India, Rudarpur
78"Under Sec. 59 it is mentioned that where a worker works in a factory for more than 9 hours in any day or for more than 48 hours in any week, he/she shall, in respect of overtime work, be entitled to receive wages at the rate of twice his/her ordinary rate of wages."
As shown above, if a worker works more than 09 hours on any day or more than 48 hours in a week under section 59, then he will be entitled to double the amount of normal salary overtime.
Now I have questions here -
01. If a worker works only 05 days in a week and he also does 01 hours extra per day. That means 01 hour extra from the prescribed duty period, then will he be entitled to double the salary for that 01 hour? As said in the act.
02. The worker performs normal duty on 05 days and overtime for 08 hours on a weekly holiday, leading to double the payment for 16 hours and thus he gets paid for the entire month's salary.
I pay the same way but my question is that as he worked 09 hours daily, according to this he worked only 45 hours in a week i.e. he is not employed under the factory act's overtime payment rule. So whether in such a situation we should pay the workers the normal salary (single payment) or as it is written in the Act.
I believe -
26 X 08 = Only after doing 208 hours (48 Hours in a week )a worker should have the purpose of double payment and less than this should be the normal salary payment (single payment).
Please think if I want to give the Overtime in one day then the worker will be eligible after the normal working hours i.e either 08 Hours or what hours are approved as per law.
Please provide guidance!
From India, Rudarpur
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