If we called a blue-collar employee on Sunday to work and paid double overtime on gross salary, let us know is it mandatory to give a C-off for Sunday working if we have already given double OT. What is the legal provision & recommendation of Factory Act 1948, and can we stop the C-off practices? If we have already compensated for twice OT paid? Our plant in Pune Maharashtra.
From India
3From India
Section 59: Overtime and Extra Wages
This section rewards those workers who are working for more than the maximum time. It states that those workers who work for more than 9 hours a day or 48 hours weekly, he/she is entitled to be paid at double wage rate than the ordinary wage rate for the extra time.
The ‘ordinary wage rate’ includes only the basic salary and the allowances. It does not include the bonus and other perks. Moreover, the factories need to maintain proper registers for the details of the extra time of the workers and the payment made to them.
With regard to the stipulation of duty off for the worked hours on OT, the overall ceiling of 9 hrs a day and 48 hrs a week comes to play.
Section 59. Extra wages for overtime.
(1) Where a 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.
1[(2) For the purposes of sub-section (1), "ordinary rate of wages" means the basic wages plus such allowances, including the cash equivalent of the advantage accruing through the concessional sale to workers of food grains and other articles, as the worker is for the time being entitled to, but does not include a bonus and wages for overtime work.
> Minimum Wages Act, 1948: Under the Minimum Wages Act of 1948, when a worker’s hours go beyond their regular shift, they should get overtime pay per hour.
> Factories Act, 1948: According to the Factories Act of 1948, if a worker puts in more than 9 hours in a single day or exceeds 48 hours in a week, they are entitled to receive overtime pay, which is twice their usual wage.
From India, Bangalore
This section rewards those workers who are working for more than the maximum time. It states that those workers who work for more than 9 hours a day or 48 hours weekly, he/she is entitled to be paid at double wage rate than the ordinary wage rate for the extra time.
The ‘ordinary wage rate’ includes only the basic salary and the allowances. It does not include the bonus and other perks. Moreover, the factories need to maintain proper registers for the details of the extra time of the workers and the payment made to them.
With regard to the stipulation of duty off for the worked hours on OT, the overall ceiling of 9 hrs a day and 48 hrs a week comes to play.
Section 59. Extra wages for overtime.
(1) Where a 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.
1[(2) For the purposes of sub-section (1), "ordinary rate of wages" means the basic wages plus such allowances, including the cash equivalent of the advantage accruing through the concessional sale to workers of food grains and other articles, as the worker is for the time being entitled to, but does not include a bonus and wages for overtime work.
> Minimum Wages Act, 1948: Under the Minimum Wages Act of 1948, when a worker’s hours go beyond their regular shift, they should get overtime pay per hour.
> Factories Act, 1948: According to the Factories Act of 1948, if a worker puts in more than 9 hours in a single day or exceeds 48 hours in a week, they are entitled to receive overtime pay, which is twice their usual wage.
From India, Bangalore
According to the Factories Act, 1948, in Maharashtra, if a worker is required to work on a holiday, they are entitled to be paid double their normal wages for the hours worked on that holiday.
The employees either can be paid double the wages or a day of leave for holiday working. You can not run the show to evade weekly off by paying the double. The Factory act also restrict maximum working hours including OT to 60 hours and maximum OT of 50 hours for three months. In a month 4 weekly off amounts to 32 Hours of OT and 48 hours of normal working. Therefore the total working is 80 hours, which is excess by 20 hours than of the limit of 60 hours, so comes under violation.
From India, Mumbai
The employees either can be paid double the wages or a day of leave for holiday working. You can not run the show to evade weekly off by paying the double. The Factory act also restrict maximum working hours including OT to 60 hours and maximum OT of 50 hours for three months. In a month 4 weekly off amounts to 32 Hours of OT and 48 hours of normal working. Therefore the total working is 80 hours, which is excess by 20 hours than of the limit of 60 hours, so comes under violation.
From India, Mumbai
There are two very important Sections under Factories Act. Sec- 52 & 53 are two sections.
As per Section 52 No adult worker shall be required or allowed to work in a factory on the first day of the week ( in this case it is Sunday ), unless -
He has or will have a holiday for a whole day on one of the three days immediately before or after the said day - Provided that no substitution shall be made which will result in any worker working for more than 10 days consecutively without a holiday for a whole day.
Where, in accordance with the the provisions , any worker works on the said day and has had a holiday on one of the three days immediately before it, that said day shall, for the purpose of calculating his weekly hours of work, be included in the preceding week.
Therefore, question of OT will not arise under section 52.
SEC-53 Compensatory holidays :-
If it is not possible to allow one any weekly holiday as per section 52, he shall be allowed, within the month in which the holidays were due to him or within the two months immediately following that month, compensatory holidays of equal number to the holidays so lost.
In this case as the working hours in a week will be more than 48 hours, OT should be paid.
S K Bandyopadhyay ( WB, Howrah )
CEO-USD HR Solutions
+91 98310 81531
From India, New Delhi
As per Section 52 No adult worker shall be required or allowed to work in a factory on the first day of the week ( in this case it is Sunday ), unless -
He has or will have a holiday for a whole day on one of the three days immediately before or after the said day - Provided that no substitution shall be made which will result in any worker working for more than 10 days consecutively without a holiday for a whole day.
Where, in accordance with the the provisions , any worker works on the said day and has had a holiday on one of the three days immediately before it, that said day shall, for the purpose of calculating his weekly hours of work, be included in the preceding week.
Therefore, question of OT will not arise under section 52.
SEC-53 Compensatory holidays :-
If it is not possible to allow one any weekly holiday as per section 52, he shall be allowed, within the month in which the holidays were due to him or within the two months immediately following that month, compensatory holidays of equal number to the holidays so lost.
In this case as the working hours in a week will be more than 48 hours, OT should be paid.
S K Bandyopadhyay ( WB, Howrah )
CEO-USD HR Solutions
+91 98310 81531
From India, New Delhi
What do you mean by "Blue-collar employee". To my knowledge, Factories Act does not have such a term.
From India, Kochi
From India, Kochi
Interesting question, web sites namaha -
- Blue collar workers perform manual labor, often in non-office settings like construction sites or production lines. Their name originates from the durable blue fabrics they traditionally wore.
- White collar workers, in contrast, work in offices and typically wear white, collared shirts.
- Red-collar jobs are positions that describe government and civil service employees. The term red-collar derives from the fact that, in the USA, government employees received compensation from the red ink budget, which was part of the federal budget.
- Yellow Collar: This usually corresponds to workers in the sector of technology or creative industries requiring a combination of technical skills and artistic abilities. Usually, yellow collar jobs are in the creative industry like photographers, writers, directors and actors.
- Also called “middle-skilled” and “hybrid” employees, gray-collar workers make up a significant portion of the labor market. In fact, gray-collar professions include: First responders, including police, firefighters and first responders. Teachers and child care workers.
(In a lighter note, not to hurt anyone's sentiments/ fleeings pl.)
From India, Bangalore
- Blue collar workers perform manual labor, often in non-office settings like construction sites or production lines. Their name originates from the durable blue fabrics they traditionally wore.
- White collar workers, in contrast, work in offices and typically wear white, collared shirts.
- Red-collar jobs are positions that describe government and civil service employees. The term red-collar derives from the fact that, in the USA, government employees received compensation from the red ink budget, which was part of the federal budget.
- Yellow Collar: This usually corresponds to workers in the sector of technology or creative industries requiring a combination of technical skills and artistic abilities. Usually, yellow collar jobs are in the creative industry like photographers, writers, directors and actors.
- Also called “middle-skilled” and “hybrid” employees, gray-collar workers make up a significant portion of the labor market. In fact, gray-collar professions include: First responders, including police, firefighters and first responders. Teachers and child care workers.
(In a lighter note, not to hurt anyone's sentiments/ fleeings pl.)
From India, Bangalore
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