As i know practically & law what it suggests up to 9hrs use the labour ,morethan 10 hrs its come under the spreadover it did mean that to pay OT it may have hourly or double as per which you have followed the standing orders act.
G.pratap
HR
From India, Bellary
G.pratap
HR
From India, Bellary
Sir, I had read in abook way back when dealing with a motor transport drivers case that the rule of labour act is not applicable in case of deparetments dealing with transportation of sick and wounded people. Also, you can employ drivers/labour on a duty of 12 hours subject to a maximum duty of 8 hours. The logic I was told was that a driver doesnot drive continuously for 12 hours. He takes rest in between, however, the total driving time doesnot exceed 8 hours. I am unable to locate the clause. Kindly provide, Thanks
From India, Hyderabad
From India, Hyderabad
Dear Colleague,
As rightly briefed by the other Colleagues, please read the additional inputs as under:
Contract Labour : An entity takes the colour of the establishment where they work like how the Water converts its colour depending on the type of Soil it falls.
What does it mean :
When Contract Workers are engaged in Factory, they are governed by the Factories Act 1948
When Contract Workers are engaged in Plantation, they are governed by the Plantation Labour Act 1951
When Contract Workers are engaged in Shops, they are governed by the Shops and Establishments Act 1953
- On all working hours, holidays and matters connected there with.
In your case as it is Factory, you need to follow the provisions of the Factories Act 1948 on all matters relating to Shift/ Hours of Work and Over time etc.
Overtime & OT Wages under Factories Act 1948:
Section 59 of the Factories Act, 1948 provides for overtime and extra wages. According to the provisions if workers work for more than 9 hours a day or more than 48 hours a week, extra wages should be given at twice the ordinary rate.
Total working hours inclusive of overtime shall not exceed 60 hours in a week and total overtime hours in a quarter ought not to exceed 50. ( for any one quarter)
Register of overtime must be kept for inspection
Provisions of Contract Labour ( R&A) Act 1970 :
With regard to the Provisions of the Contract Labour ( Regulation and Abolition) Act 1970 is a special legislation focusing on Licensing, Registration and monitoring the system of contract labour and also to abolish engagement of contract Labour in such employments where in the Appropriate Government passed GO under Section 10 of the Act.
Hence kindly Check the notifications prevailing for your Industry abolishing engagement of contract labour issued by the Appropriate Government and then establish system in your factory
All the Best and God Bless,
Dr.P.SIVAKUMAR
Doctor Siva Global HR
Tamil Nadu
From India, Chennai
309As rightly briefed by the other Colleagues, please read the additional inputs as under:
Contract Labour : An entity takes the colour of the establishment where they work like how the Water converts its colour depending on the type of Soil it falls.
What does it mean :
When Contract Workers are engaged in Factory, they are governed by the Factories Act 1948
When Contract Workers are engaged in Plantation, they are governed by the Plantation Labour Act 1951
When Contract Workers are engaged in Shops, they are governed by the Shops and Establishments Act 1953
- On all working hours, holidays and matters connected there with.
In your case as it is Factory, you need to follow the provisions of the Factories Act 1948 on all matters relating to Shift/ Hours of Work and Over time etc.
Overtime & OT Wages under Factories Act 1948:
Section 59 of the Factories Act, 1948 provides for overtime and extra wages. According to the provisions if workers work for more than 9 hours a day or more than 48 hours a week, extra wages should be given at twice the ordinary rate.
Total working hours inclusive of overtime shall not exceed 60 hours in a week and total overtime hours in a quarter ought not to exceed 50. ( for any one quarter)
Register of overtime must be kept for inspection
Provisions of Contract Labour ( R&A) Act 1970 :
With regard to the Provisions of the Contract Labour ( Regulation and Abolition) Act 1970 is a special legislation focusing on Licensing, Registration and monitoring the system of contract labour and also to abolish engagement of contract Labour in such employments where in the Appropriate Government passed GO under Section 10 of the Act.
Hence kindly Check the notifications prevailing for your Industry abolishing engagement of contract labour issued by the Appropriate Government and then establish system in your factory
All the Best and God Bless,
Dr.P.SIVAKUMAR
Doctor Siva Global HR
Tamil Nadu
From India, Chennai
Dear member,
Please refer to factory Act 1948, maximum hours of overtime in a quarter can be performed by a workman is 50 hours. Overtime is paid in double of the wages. It is not advisable to allow any worker to perform OT hours more than his /her regular duty hours. If feasible than consider for hiring more manpower instead of allowing excessive OT hours.
From India, Gurgaon
Please refer to factory Act 1948, maximum hours of overtime in a quarter can be performed by a workman is 50 hours. Overtime is paid in double of the wages. It is not advisable to allow any worker to perform OT hours more than his /her regular duty hours. If feasible than consider for hiring more manpower instead of allowing excessive OT hours.
From India, Gurgaon
Like water which has no shape of its own but borrows the same from its container, in respect of statutory conditions of service and employment benefits, contract labor is a distinct form of indirect labor which derives the rights and benefits of employment from the labor laws applicable to the principal employer's establishment wherein their services are engaged through their respective contractor.
Therefore, the extent of over time work and the rate of over time wages of contract labor would be as per the provisions of the establishment-specific labor law applicable to the principal's establishment or the Minimum wages Act,1948 as the case be.
From India, Salem
Therefore, the extent of over time work and the rate of over time wages of contract labor would be as per the provisions of the establishment-specific labor law applicable to the principal's establishment or the Minimum wages Act,1948 as the case be.
From India, Salem
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