can you be a little more clear on what your problem is and what the query is?
I have no idea what you want to know and why?
I also suggest you give all details and background if you want a proper and correct answer from the forum
From India, Mumbai
2395I have no idea what you want to know and why?
I also suggest you give all details and background if you want a proper and correct answer from the forum
From India, Mumbai
Overtime under the Factories Act is very specific and nothing to do with rules of any State.
As per Sec-59 of the Factories Act sub section (1) it is stated that " Where a worker works in a factory for more than nine hours in a 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".
Therefore, OT hours to be checked from both angle - daily hours and weekly hours and obviously whichever will be in favor of the worker to be paid accordingly.
Let us take two examples:-
1. The first day of the week is Sunday. Hours of work are - Monday-8 hrs, Tuesday -8 hrs + 2 hrs, Wedday - 8 hrs +1 hr, Thuday- 8 hrs + 3 rs, Friday - 8 hrs & Saturday-8 hrs.
Therefore, total normal hours in the week - 8 * 6 =48 hrs and 2+1+3 = 6 hrs OT hours. Total hours of work and accordingly payment will be 48 + 6*2 = 60 hrs.
2. In the above example the worker was absent on Friday. Then total normal hours of work will be 8*5 = 40 hours and if we add the 6 additional hours it will be 40 + 6 = 46 hours and not eligible for OT.
Now let us check the daily basis calculation. Monday - normal 8 hrs, Tuesday -normal 8 hrs + 1 hr single _+ 1 hr double, Wedday - normal 8 hrs + 1 hr single, Thrusday- normal 8 hrs + 1 hr single + 2 hrs double, Friday- 0 hrs & Saturday - 8 hrs.
Therefore, total hours of work on daily basis will be - 8+8+1+1*2+8+1+8+1+2*2+0+8 = 49 hours which is more than 46 hours based on weekly basis.
S K Bandyopadhyay ( WB, Howrah)
CEO-USD HR Solutions
+91 98310 81531
USD HR Solutions – To Strive towards excellence with effort and integrity
From India, New Delhi
As per Sec-59 of the Factories Act sub section (1) it is stated that " Where a worker works in a factory for more than nine hours in a 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".
Therefore, OT hours to be checked from both angle - daily hours and weekly hours and obviously whichever will be in favor of the worker to be paid accordingly.
Let us take two examples:-
1. The first day of the week is Sunday. Hours of work are - Monday-8 hrs, Tuesday -8 hrs + 2 hrs, Wedday - 8 hrs +1 hr, Thuday- 8 hrs + 3 rs, Friday - 8 hrs & Saturday-8 hrs.
Therefore, total normal hours in the week - 8 * 6 =48 hrs and 2+1+3 = 6 hrs OT hours. Total hours of work and accordingly payment will be 48 + 6*2 = 60 hrs.
2. In the above example the worker was absent on Friday. Then total normal hours of work will be 8*5 = 40 hours and if we add the 6 additional hours it will be 40 + 6 = 46 hours and not eligible for OT.
Now let us check the daily basis calculation. Monday - normal 8 hrs, Tuesday -normal 8 hrs + 1 hr single _+ 1 hr double, Wedday - normal 8 hrs + 1 hr single, Thrusday- normal 8 hrs + 1 hr single + 2 hrs double, Friday- 0 hrs & Saturday - 8 hrs.
Therefore, total hours of work on daily basis will be - 8+8+1+1*2+8+1+8+1+2*2+0+8 = 49 hours which is more than 46 hours based on weekly basis.
S K Bandyopadhyay ( WB, Howrah)
CEO-USD HR Solutions
+91 98310 81531
USD HR Solutions – To Strive towards excellence with effort and integrity
From India, New Delhi
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Mah Shop & Est (RECS) Rules 2018.pdf