Shailesh,
He is not talking of cases where a person does ot because reliever has not come. He is talking of getting everyone to do 10 - 12 hour shifts everyday in the excuse that the workers are happy to get more money by way of double rate wages for the extra hours of working.
That is exactly what the law is designed to prevent
From India, Mumbai
2392He is not talking of cases where a person does ot because reliever has not come. He is talking of getting everyone to do 10 - 12 hour shifts everyday in the excuse that the workers are happy to get more money by way of double rate wages for the extra hours of working.
That is exactly what the law is designed to prevent
From India, Mumbai
I understand that there is no way out except scheduling the work with appropriate manpower in tune with production need. It is also true that in all small companies this is the usual practice. Another hitch in retention of labour is deduction of his contribution towards ESI & PF. I have experience of facing this problem and the management has to circumvent the law in view of the labour resistance to these deduction from their wages.
From India, Calcutta
From India, Calcutta
Dear Experts Thanks for your advice, Sply appreciate the SASWATABANERJEE, SAILESH PARIKH, SAMBTMIR for their inputs, if there is no way, then malpractice is obvious as others are doing, regards
From India, Delhi
From India, Delhi
__________________________________________________ ______________________-
My observations are as follows ;
Pls. clarify as to how you are working 10 hrs a day and 12 hrs overtime per week ? Is it on permanent basis and if so do you have sanction from the appropriate authorities under the F.Act?
OT work per quarter with approval from the appropriate Factory Inspectorate is allowable up to 50 hrs and it could be stretched to 75 hrs but with the specific approval under S. 65 (power to make exempting order) owing to "exceptional press of work"
So, you may seek exemption from the factory inspectorate with valid reason under the the aforesaid provision of the Act.
My understanding is that overtime work on regular basis - whether daily, weekly or quarterly - may not be allowed being against the principles under which working hours including OT have been legalised and stipulated in the Act. No agreement or other laws be allowed to over ride this legal provision of working hours.
Samir Kr. Bhattacharya - HR & IR consultant
From India, Calcutta
My observations are as follows ;
Pls. clarify as to how you are working 10 hrs a day and 12 hrs overtime per week ? Is it on permanent basis and if so do you have sanction from the appropriate authorities under the F.Act?
OT work per quarter with approval from the appropriate Factory Inspectorate is allowable up to 50 hrs and it could be stretched to 75 hrs but with the specific approval under S. 65 (power to make exempting order) owing to "exceptional press of work"
So, you may seek exemption from the factory inspectorate with valid reason under the the aforesaid provision of the Act.
My understanding is that overtime work on regular basis - whether daily, weekly or quarterly - may not be allowed being against the principles under which working hours including OT have been legalised and stipulated in the Act. No agreement or other laws be allowed to over ride this legal provision of working hours.
Samir Kr. Bhattacharya - HR & IR consultant
From India, Calcutta
I just spent almost a whole day today debating this matter at a client meeting.
The conclusion seem to be in line with what we discussed here : there is no legal way to get this done. It's a risk, but there is no penalty specified for this as such (only general,penalty under factory act). If you are paying double pay, factory inspector is not likely to take action (provided the OT hours are not excessive)
I would have loved to say don't do it. It's illegal and workers should go home after 1 shift. But apparently MIL is right, it's universal practice and perhaps necessary
From India, Mumbai
The conclusion seem to be in line with what we discussed here : there is no legal way to get this done. It's a risk, but there is no penalty specified for this as such (only general,penalty under factory act). If you are paying double pay, factory inspector is not likely to take action (provided the OT hours are not excessive)
I would have loved to say don't do it. It's illegal and workers should go home after 1 shift. But apparently MIL is right, it's universal practice and perhaps necessary
From India, Mumbai
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