Factories Act is silent about holidays. The holidays are regulated by state enactment like Tamil Nadu Industrial Establishments (National and Festival Holidays)Act, Kerala Industrial Establishments......Act, Karnataka...Act etc. Under different Acts different number of holidays are given. In Tamil Nadu there are 4 national holidays and 5 festival holidays. An employer can engage workers on holidays but with on one condition that they are paid twice the average wages for that day and are given a substituted holiday. As per the Act the compensatory holiday is to be within three days of such working on holiday ( it is okay if the worker is given an advance holiday at least 3 days before he works on such a holiday) but under normal circumstances workers are allowed to take the compensatory holiday within one or two months.
Madhu.T.K
From India, Kannur
4238Madhu.T.K
From India, Kannur
Dear All,
This 10 month old thread came to my reading today due to fresh postings by Mr. Mandhar and by Mr. Madhu Sir.
Mr. BS Kalsi and Mr. Madhu Sir has amply answered the query.
I would just like to add to Mr. Madhu Sir that the payment of overtime cannot be denied even if it is beyond 50 / 75 hours in a quarter. Pat. HC 1215
From India, Mumbai
This 10 month old thread came to my reading today due to fresh postings by Mr. Mandhar and by Mr. Madhu Sir.
Mr. BS Kalsi and Mr. Madhu Sir has amply answered the query.
I would just like to add to Mr. Madhu Sir that the payment of overtime cannot be denied even if it is beyond 50 / 75 hours in a quarter. Pat. HC 1215
From India, Mumbai
You can not deny it because the workers have worked after they were asked to work overtime. The restriction is on the employer and not on the workers. Madhu.T.K
From India, Kannur
From India, Kannur
Dear Gautam,
You need to take care of daily spread as indicated by Madhu. So it not correct that if person has not worked more than 48 hrs in week , he will not get OT.
Moreover the quarterly limit in a quater is only of 48 hrs. In some states 52, but in no state 75 hrs. Though we are likely to have some amendment to convert it into 100 hrs, but yet not done.
Thanks
VS Chauhan
From India, Gurgaon
You need to take care of daily spread as indicated by Madhu. So it not correct that if person has not worked more than 48 hrs in week , he will not get OT.
Moreover the quarterly limit in a quater is only of 48 hrs. In some states 52, but in no state 75 hrs. Though we are likely to have some amendment to convert it into 100 hrs, but yet not done.
Thanks
VS Chauhan
From India, Gurgaon
Let me correct V S Chauhan, that the maximum permissible overtime in any quarter in Kerala is 75 hours! Madhu.T.K
From India, Kannur
From India, Kannur
Normal working hours for companies that work for 6 days a week is 8 hours excluding the interval (s) of rest. The spread over of work including intervals of rest should not exceed 10 hours and 30 minutes. it is true but other companies calculates only basic for OT.
& also clarify that the days calculation to calculate OT/hr rates.
From India, New Delhi
& also clarify that the days calculation to calculate OT/hr rates.
From India, New Delhi
Dear colleagues,
My view points are submitted herebelow:
1. Working hours are prescribed FOR FULL 8 hours a day, as working continuously not allowed more than 9 Hours a day in any case .Exclude LUNCH TIME, BREAKFAST TIME .This means, for instances, if 30 mins lunch break and 10 minutes for 2 breakfast ie 20 minutes underhead breakfast is allowed then your total shift hours will be 9 hours. Normally, workers do not ask breakfast time to save 20 minutes as they do it at work place or nearer to it,but 30 minutes recess time is mandatory, required for the cause so there stay during shift is 8 1/2 hours. The same thing is to be published in shift schedule and displayed on Notice board, as prescribed under FA . In both the situations, it can not exceed 48 hours a week, else payment of OT is mandatory.Under shops and establishment Act, it is 48 hours a week that is why, some offices in Metro/ non metro work 9 hours a day and keep Saturday half day or 2nd and 4th Saturday off.We will hear soon an amendment in this respect about limits of OT hours
2. OT is calculated on practical / formula which is double of basic salary if DA is not applicable, or basic +DA if DA is wage component.
3. If worker is placed on duty during Festival / national holidays . You need to pay (i) OT for that duty (ii) One day leave to compensate paid holiday (iii) The holiday stands paid at par with rest of population as One day wages .This means two basic salary or 2 x(basic plus DA) as the case may be plus One day's gross wages and one day holiday three days before or after National/ Festival holiday .
RDS Yadav
Advisor and Management Consultant
M-08057800040
From India, Bareilly
My view points are submitted herebelow:
1. Working hours are prescribed FOR FULL 8 hours a day, as working continuously not allowed more than 9 Hours a day in any case .Exclude LUNCH TIME, BREAKFAST TIME .This means, for instances, if 30 mins lunch break and 10 minutes for 2 breakfast ie 20 minutes underhead breakfast is allowed then your total shift hours will be 9 hours. Normally, workers do not ask breakfast time to save 20 minutes as they do it at work place or nearer to it,but 30 minutes recess time is mandatory, required for the cause so there stay during shift is 8 1/2 hours. The same thing is to be published in shift schedule and displayed on Notice board, as prescribed under FA . In both the situations, it can not exceed 48 hours a week, else payment of OT is mandatory.Under shops and establishment Act, it is 48 hours a week that is why, some offices in Metro/ non metro work 9 hours a day and keep Saturday half day or 2nd and 4th Saturday off.We will hear soon an amendment in this respect about limits of OT hours
2. OT is calculated on practical / formula which is double of basic salary if DA is not applicable, or basic +DA if DA is wage component.
3. If worker is placed on duty during Festival / national holidays . You need to pay (i) OT for that duty (ii) One day leave to compensate paid holiday (iii) The holiday stands paid at par with rest of population as One day wages .This means two basic salary or 2 x(basic plus DA) as the case may be plus One day's gross wages and one day holiday three days before or after National/ Festival holiday .
RDS Yadav
Advisor and Management Consultant
M-08057800040
From India, Bareilly
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OT Calculation.zip
OT CALCULATION.xls
OT calculation - HC Ker 2011.pdf