Dear All, We have contract workmen working more than 50 hours monthly. As per law, the OT shall not extend 48 hrs in a quarter.
How we can show the OT in a paysheet to avoid legal issues and same time employee and employer should not suffer.
can anybody please explain?
1How we can show the OT in a paysheet to avoid legal issues and same time employee and employer should not suffer.
can anybody please explain?
Are they working 50 hours a month or working overtime 50 hours a month apart from their normal working shift?
From India, Mumbai
From India, Mumbai
I think there is some confusion, instead of month probably quarter is mentioned.
The normal weekly hours of work is 48 hours (6X8). However , the Act further provides that the daily working hours shall not exceed 12 hours. This means every day 04 hours of overtime can be taken but the weekly working hours shall not cross 60 hours. Thus 48 hours (12 hours X 04 weeks) overtime can be provided in a month. So also the quarterly overtime should be restricted to 50 hours in case State Government Rules provide for it/ 75 hours with permission from State Government and no employee should continue overtime for more than 07 days at a stretch.
From India, Mumbai
The normal weekly hours of work is 48 hours (6X8). However , the Act further provides that the daily working hours shall not exceed 12 hours. This means every day 04 hours of overtime can be taken but the weekly working hours shall not cross 60 hours. Thus 48 hours (12 hours X 04 weeks) overtime can be provided in a month. So also the quarterly overtime should be restricted to 50 hours in case State Government Rules provide for it/ 75 hours with permission from State Government and no employee should continue overtime for more than 07 days at a stretch.
From India, Mumbai
Dear Sir,
thanks for your prompt reply. as they are working more than 50 hours Overtime apart from the normal working hours in a month.
most of them are working 4 hrs extra every day. as per law OT hours cannot be extended beyond 50 hours.
now, to safeguard the employees and company's interest, is there any head we can show the Over time and pay to employees and to avoid legal issues.....
please advice.
Regards
Hanuma
thanks for your prompt reply. as they are working more than 50 hours Overtime apart from the normal working hours in a month.
most of them are working 4 hrs extra every day. as per law OT hours cannot be extended beyond 50 hours.
now, to safeguard the employees and company's interest, is there any head we can show the Over time and pay to employees and to avoid legal issues.....
please advice.
Regards
Hanuma
Dear Hanuma,
There is no way to hide the fact. If any employee meets with an accident during the OT hours and you hide the fact, then the situation will be complicated and if the employee is covered under ESI, it will be further complicated.
The way out is proper man power planning and to bring down the OT hours.
Thanks & Regards,
S K Bandyopadhyay ( WB, Howrah)
CEO USD HR Solutions
From India, New Delhi
There is no way to hide the fact. If any employee meets with an accident during the OT hours and you hide the fact, then the situation will be complicated and if the employee is covered under ESI, it will be further complicated.
The way out is proper man power planning and to bring down the OT hours.
Thanks & Regards,
S K Bandyopadhyay ( WB, Howrah)
CEO USD HR Solutions
From India, New Delhi
just because 50 hours a quarter OT is allowed does not mean you are allowed to make them work for 12 hour shifts under the guise of paying overtime.
You need to focus on stopping 12 hours shifts ad double shifts. these can be exceptions not the rule
From India, Mumbai
You need to focus on stopping 12 hours shifts ad double shifts. these can be exceptions not the rule
From India, Mumbai
"How we can show the OT in a paysheet to avoid legal issues and same time employee and employer should not suffer."
Maintaining records in truthful manner is the safest way.OT cannot be hidden and they are governed by Factories act and state amendments.
Follow rules and be legally safe. workers may be happy with higher wages and workOT.It could be at the cost health and safety/fatigue.
Besides your payroll will always convey amounts paid and can be co related with OT hours.
Hire temporary staff to prevent OT from exceeding laid down limits.Take permission of Factory Inspectors to the extent permissible.
Safe and legally correct documentation is the only right way of work.
From India, Pune
Maintaining records in truthful manner is the safest way.OT cannot be hidden and they are governed by Factories act and state amendments.
Follow rules and be legally safe. workers may be happy with higher wages and workOT.It could be at the cost health and safety/fatigue.
Besides your payroll will always convey amounts paid and can be co related with OT hours.
Hire temporary staff to prevent OT from exceeding laid down limits.Take permission of Factory Inspectors to the extent permissible.
Safe and legally correct documentation is the only right way of work.
From India, Pune
Dear colleague,
You should not approach this forum for such advice for your illegal acts.
This kind of query for an advice on how to wriggle out of clutches of law deserves no reply.
Please learn to be law- compliant and approach for clean advice.
Regards,
Vinayak Nagarkar
HR and Employee Relations Consultant
From India, Mumbai
You should not approach this forum for such advice for your illegal acts.
This kind of query for an advice on how to wriggle out of clutches of law deserves no reply.
Please learn to be law- compliant and approach for clean advice.
Regards,
Vinayak Nagarkar
HR and Employee Relations Consultant
From India, Mumbai
The solution remains with you, if you can ensure that no accident or untoward incident or injury would happen to workmen while on Over Time. It is sure to believe that neither you nor anyone ensure such thing. Therefore, it would be fair and good for the industry to pay the workmen OT legitimately.
Further, the over time becomes a regular nature where less manpower has been engaged than the actual requirement. So it needs to look into that aspect because paying overtime is more costlier than payment of normal wages. In case of a temporary requirement for certain period, you can take the permission from the Inspector of Factories & Boiler stating that certain time bound order has to be completed for which excess OT is required.
From India, Mumbai
Further, the over time becomes a regular nature where less manpower has been engaged than the actual requirement. So it needs to look into that aspect because paying overtime is more costlier than payment of normal wages. In case of a temporary requirement for certain period, you can take the permission from the Inspector of Factories & Boiler stating that certain time bound order has to be completed for which excess OT is required.
From India, Mumbai
Dear Coleague,
How one can predict when accident will occur let alone controlling it while OT working.
OT is resorted not only because of lack of manpower planning but also due to material shortage, delayed supply of componants, deliberate absenteeism and sudden power cuts etc. But one must show compliant attitide when resorting to OT working.
Regards,
Vinayak Nagarkar
HR and Employee Relations Consultant.
From India, Mumbai
How one can predict when accident will occur let alone controlling it while OT working.
OT is resorted not only because of lack of manpower planning but also due to material shortage, delayed supply of componants, deliberate absenteeism and sudden power cuts etc. But one must show compliant attitide when resorting to OT working.
Regards,
Vinayak Nagarkar
HR and Employee Relations Consultant.
From India, Mumbai
Community Support and Knowledge-base on business, career and organisational prospects and issues - Register and Log In to CiteHR and post your query, download formats and be part of a fostered community of professionals.
No more working till late hours.doc
Madras HC judg regarding gratuity is applicable if workmen is working 4 years 240 days..pdf