If I talk about according to law so an employee can't work more than 48 hrs in a week & he/she will be eligible for one weekly off. If a worker work more than 48 hrs so he/she will be eligible for over time but according to law a worker can't work more than 48 hrs in a week. After that we will have to pay over time to the worker and working hrs more than 48 hrs its illegal so I am not able to understand this point what should we do and what are the penalty? please explain........
From India, Delhi
4From India, Delhi
Hi Nitin Sharma, according to Labour Law & Minimum Wages Act, the working hours in any organization should be 8hrs excluding the Break Time which is of 1hr comes to 48hrs a week if the respected company works for 6days a week. As per company requirements, Over-Time can be included in the working hours, although it should not be exceeding 12hrs per week and 50hrs in a Quarter. So, according to the Law it is illegal but I'm sure you have experienced companies working out of this rule. For penalties please refer to Labour Law of India.
From India, Mumbai
From India, Mumbai
Dear Manish ji, You mean to say that an employee can work 10 hrs per day excluding break time but we will have to pay over time. So it has mention in any act or not.
From India, Delhi
From India, Delhi
Nitin - The right response here is this - An employee can work 48 hours in a week, legally and at the compensation agreed on. Asking an employee to work more hours than the stated 48 hours is illegal and anything beyond that is considered 'overtime' and requires the employee to be compensated at a rate over and above the pay.
Net/Net:
1) Employee works 48 hours a week and gets paid his monthly salary (48 hours every week, for all weeks of the month) - Legal
2) Employee paid at the rate of 48 hours a week, but forced to work additional hours without pay - Illegal
From India, Mumbai
Net/Net:
1) Employee works 48 hours a week and gets paid his monthly salary (48 hours every week, for all weeks of the month) - Legal
2) Employee paid at the rate of 48 hours a week, but forced to work additional hours without pay - Illegal
From India, Mumbai
Dear Member,
You mean to say that If we have a lots of work and we need to work extra so if employee is agree to work extra then he can work more than eight hours whether there is extra work for two hours or double duty means eight hours.
From India, Delhi
You mean to say that If we have a lots of work and we need to work extra so if employee is agree to work extra then he can work more than eight hours whether there is extra work for two hours or double duty means eight hours.
From India, Delhi
Dear Nitin
As per factory act in working hours. the following normal points is given below-
1.Maximum working hours in a day can be of 08 hours and 48 hours in a week in routine.
2. Working hours is to arranged that workmen get at least Half hours rest of continuous working of 05 hours.
2.In case of urgent repair of factory, equipments, machinery, your unit is exempted to get work for a maximum hours in a day. it means all working hours can not be more then 10 hours in day.
3.Only in case of urgent repairs and in continuous process, OT can be performed and not otherwise.
4.total working hours including OT cannot be more then 60 hours in week.
5.OT will not be more then 50 hours in quarter.
From India, Dehra Dun
As per factory act in working hours. the following normal points is given below-
1.Maximum working hours in a day can be of 08 hours and 48 hours in a week in routine.
2. Working hours is to arranged that workmen get at least Half hours rest of continuous working of 05 hours.
2.In case of urgent repair of factory, equipments, machinery, your unit is exempted to get work for a maximum hours in a day. it means all working hours can not be more then 10 hours in day.
3.Only in case of urgent repairs and in continuous process, OT can be performed and not otherwise.
4.total working hours including OT cannot be more then 60 hours in week.
5.OT will not be more then 50 hours in quarter.
From India, Dehra Dun
Thank you sir now I understood. Sir could you tell me one more thing that we want to change our policy. We want to give two weekly off in a week(sat n sun) but the working hours will be nine hrs rather than eight hrs in a day. So is this possible sir.
From India, Delhi
From India, Delhi
Dear Nitin
first of all, this act applies in those unit where i don't think any employer want fave days working in a week.
anyway if you want change company policy, you can but, there is no matter of five working day or six working day.
Important is, weekly working hours can not be more then as 48 hours (normal).
for more clarification, i request to seniors please give your valuable views.
From India, Dehra Dun
first of all, this act applies in those unit where i don't think any employer want fave days working in a week.
anyway if you want change company policy, you can but, there is no matter of five working day or six working day.
Important is, weekly working hours can not be more then as 48 hours (normal).
for more clarification, i request to seniors please give your valuable views.
From India, Dehra Dun
Just needed a small help regarding working time. I am working in an organization and doing almost 72 hours a week. There's no overtime which has been paid to me till now. Is this legal ??
And if I would be interested in complaining about this issue how to go about it or where report them - Please let me know - Thanks in Advance.
From India, Hyderabad
And if I would be interested in complaining about this issue how to go about it or where report them - Please let me know - Thanks in Advance.
From India, Hyderabad
Hi AR85
Before somebody put their comment we would like to know further few information regarding your working such as kind of industry you are working in, your designation, area where your organisation is located etc.
Per legal requirements, as many friends suggested, employees are not allowed to work beyond 8 hours/day 48 hours/ week excluding break hours. There are provision of working OT in permissible limits, but that has to pay at double of the premium wages - that's the right of employee.
For complaining - Without proper information, please provide the data first as said above.
From India, Alwar
Before somebody put their comment we would like to know further few information regarding your working such as kind of industry you are working in, your designation, area where your organisation is located etc.
Per legal requirements, as many friends suggested, employees are not allowed to work beyond 8 hours/day 48 hours/ week excluding break hours. There are provision of working OT in permissible limits, but that has to pay at double of the premium wages - that's the right of employee.
For complaining - Without proper information, please provide the data first as said above.
From India, Alwar
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