Mr. Bannerjee,
The rate of wages is paid for 8 hours, which includes rest/interval period. Therefore, the workman has to work, leaving aside the rest/interval time (30/40 minutes or as the case may be). Why would the workman work during the rest hour? The workman is legally entitled to claim payment for work done during the rest/interval hours. Many times, the situation compels employers to engage workmen due to emergencies and exigencies during rest intervals. To address this type of situation, many establishments have different provisions in their standing orders.
From India, Mumbai
Acknowledge(0)
Amend(0)
713The rate of wages is paid for 8 hours, which includes rest/interval period. Therefore, the workman has to work, leaving aside the rest/interval time (30/40 minutes or as the case may be). Why would the workman work during the rest hour? The workman is legally entitled to claim payment for work done during the rest/interval hours. Many times, the situation compels employers to engage workmen due to emergencies and exigencies during rest intervals. To address this type of situation, many establishments have different provisions in their standing orders.
From India, Mumbai
Acknowledge(0)Amend(0)
Dear Mr. Prabhat Mohanty,
Thank you for the clarification. For the first part, I think both of us had said the same thing but from different points of view. As for the second part, somehow, I had not considered that aspect.
Thanks again.
From India, Mumbai
Acknowledge(0)Amend(0)
Thank you for the clarification. For the first part, I think both of us had said the same thing but from different points of view. As for the second part, somehow, I had not considered that aspect.
Thanks again.
From India, Mumbai
Acknowledge(0)Amend(0)
Question does not arise to work during "Interval of Rest". Working 8 hours with an interval of rest, of which 7.5 hours are working hours and 0.5 hours interval of rest, but getting paid for 8 hours. Therefore, the interval of rest is paid.
Duty hours from 9 am to 5.30 pm - total 8.5 hours with an interval of rest but paid for 8 hours, i.e., working hours. Therefore, the interval of rest is not paid.
The above two examples are realities followed by most of the factories.
The original question was working 12 hours in a day for 6 days, how many hours will be OT. Ideally, the employee must get a 2 half-hour rest after every 5 hours. Therefore, the total working hours will be (12 - 1) = 11 hours, of which 8 hours are normal working hours and 3 hours are OT. If the employee is in a category where working 7.5 hours is paid for 8 hours, then the total hours will be 11.5 hours, with 8 hours as normal working hours and 3.5 hours as OT hours.
OT hours should be paid double the ordinary rate of wage.
Therefore, as a conclusion, we may say options are many and vary from factory to factory.
S K Bandyopadhyay (Howrah, WB)
CEO-USD HR Solutions
From India, New Delhi
Acknowledge(0)Amend(0)
Duty hours from 9 am to 5.30 pm - total 8.5 hours with an interval of rest but paid for 8 hours, i.e., working hours. Therefore, the interval of rest is not paid.
The above two examples are realities followed by most of the factories.
The original question was working 12 hours in a day for 6 days, how many hours will be OT. Ideally, the employee must get a 2 half-hour rest after every 5 hours. Therefore, the total working hours will be (12 - 1) = 11 hours, of which 8 hours are normal working hours and 3 hours are OT. If the employee is in a category where working 7.5 hours is paid for 8 hours, then the total hours will be 11.5 hours, with 8 hours as normal working hours and 3.5 hours as OT hours.
OT hours should be paid double the ordinary rate of wage.
Therefore, as a conclusion, we may say options are many and vary from factory to factory.
S K Bandyopadhyay (Howrah, WB)
CEO-USD HR Solutions
From India, New Delhi
Acknowledge(0)Amend(0)Engage with peers to discuss and resolve work and business challenges collaboratively - share and document your knowledge. Our AI-powered platform, features real-time fact-checking, peer reviews, and an extensive historical knowledge base. - Join & Be Part Of Our Community.
OT Wages for work outside the factory- Avery Case.pdf
Minimum Wages in Maharashtra for the period January 2018 to June 2018.xls