Hii, I have a query regarding Sunday working. We provide contract labour for one of our client who is from manufacturing industry. Now they are planning to make provision of Sunday working. I am a bit confused that how employees working day will be calculated.
1) Whether the employee is to be paid double of his wages as he worked on Sunday.
2) Will the working come under OT and he should be paid double of his normal wages. As the management decided to pay double of employee's basic salary for OT worked.
Pls advice.
From India, Delhi
21) Whether the employee is to be paid double of his wages as he worked on Sunday.
2) Will the working come under OT and he should be paid double of his normal wages. As the management decided to pay double of employee's basic salary for OT worked.
Pls advice.
From India, Delhi
Dear Pankaj
The workers must be paid with Double OT wages for the work done on Sundays and for holidays normal wages to be paid alongwith the Double OT wages for the period of work. If they are not willing to make payment then the company can make three groups and they can give compensatory off on next three days one group on one day (Monday to Wednesday), so that the normal work should not get hampered.
From India, Kumbakonam
The workers must be paid with Double OT wages for the work done on Sundays and for holidays normal wages to be paid alongwith the Double OT wages for the period of work. If they are not willing to make payment then the company can make three groups and they can give compensatory off on next three days one group on one day (Monday to Wednesday), so that the normal work should not get hampered.
From India, Kumbakonam
Dear all,
It is mandatory under the Factories Act 1948 to ensure a weekly off of 24 hours within next three days i.e. if Sunday is supposed his weekly off which is converted into a working day then Monday, Tuesday or Wednesday should be his paid weekly off.
Only payment of overtime at double the normal rate do not serve the purpose.
P K Sharma
From India, Delhi
It is mandatory under the Factories Act 1948 to ensure a weekly off of 24 hours within next three days i.e. if Sunday is supposed his weekly off which is converted into a working day then Monday, Tuesday or Wednesday should be his paid weekly off.
Only payment of overtime at double the normal rate do not serve the purpose.
P K Sharma
From India, Delhi
Dear Pankaj,
I would advise you to go through the Factories Act,1948 where all your queries can find the answer.The following provisions are important as detailed below:-
Section 51. Weekly hours-No adult worker shall be required or allowed to work in a factory for more than forty-eight hours in any week.
Section 52. Weekly holidays- (1) No adult worker shall be required or allowed to work in a factory on first day of the week (hereinafter referred to as the said day), unless (a) he has or will have a holiday for whole day on one of three days immediately before or after the said day. No substitution shall be made which will result in any worker working for more than ten days consecutively without a holiday for a whole day.
Section 53. Compensatory holidays.(1) Where, as a result of the passing of an order of the making of a rule under the provisions of this Act exempting a factory or the workers therein from the provisions of section 52, a worker is deprived of any of the weekly holidays for which provision is made in sub-section (1) of that section he shall be allowed, within the month in which the holidays were due to him or within the two months immediately following that month, compensatory holidays of equal number to the holidays so lost.
Section 54. Daily hours-Subject to the provisions of section 51, no adult worker shall be required or allowed to work in a factory for more than nine hours in any day.
Section 59. Extra wages for overtime-1) Where a worker works in a factory for more than nine hours in any day or for more than forty-eight hours in any week, he shall, in respect of overtime work, be entitled to wages at the rate of twice his ordinary rate of wages.
NOTE- Any variation in the above shall only be made only after the previous approval of the Chief Inspector of factories.
BS Kalsi
Member since Aug 2011
From India, Mumbai
I would advise you to go through the Factories Act,1948 where all your queries can find the answer.The following provisions are important as detailed below:-
Section 51. Weekly hours-No adult worker shall be required or allowed to work in a factory for more than forty-eight hours in any week.
Section 52. Weekly holidays- (1) No adult worker shall be required or allowed to work in a factory on first day of the week (hereinafter referred to as the said day), unless (a) he has or will have a holiday for whole day on one of three days immediately before or after the said day. No substitution shall be made which will result in any worker working for more than ten days consecutively without a holiday for a whole day.
Section 53. Compensatory holidays.(1) Where, as a result of the passing of an order of the making of a rule under the provisions of this Act exempting a factory or the workers therein from the provisions of section 52, a worker is deprived of any of the weekly holidays for which provision is made in sub-section (1) of that section he shall be allowed, within the month in which the holidays were due to him or within the two months immediately following that month, compensatory holidays of equal number to the holidays so lost.
Section 54. Daily hours-Subject to the provisions of section 51, no adult worker shall be required or allowed to work in a factory for more than nine hours in any day.
Section 59. Extra wages for overtime-1) Where a worker works in a factory for more than nine hours in any day or for more than forty-eight hours in any week, he shall, in respect of overtime work, be entitled to wages at the rate of twice his ordinary rate of wages.
NOTE- Any variation in the above shall only be made only after the previous approval of the Chief Inspector of factories.
BS Kalsi
Member since Aug 2011
From India, Mumbai
Thanks for your valuable reply from the learned members. Is it legal to pay them only double of their basic salary for the OT worked instead of taking all other components of his salary?
From India, Delhi
From India, Delhi
Dear Pankaj,
In reference to your subsequent query, it is to add here that as explained earliar Section 59 deals with the provisions relating to overtime which stipulates that worker shall be entitled to wages at the rate of twice his ordinary rate of wages. Further the Act has defined the "ordinary rate of wages" as basic wages plus such allowances, including the cash equivalent of the advantage accruing through the concessional sale to workers of food grains and other articles, as the worker is for the time being entitled to, but does not include a bonus and wages for overtime work.
The Kerala High Court, in the case of Jossie v. Flag Officer, has examined the question of eligible allowances that form part of ‘ordinary rate of wages’. The court held that ‘ordinary rate of wages’ includes only salary and allowances for the work like Dearness Allowance (DA). It does not include such allowances which are either compensatory in character or incentive in nature. As such House Rent Allowance (HRA), City Compensatory Allowance (CCA), Transport Allowance (TA), and Small Family Norm Allowance (SFA) etc. are not part of ‘ordinary rate of wages’.
BS Kalsi
Member since Aug 2011
From India, Mumbai
In reference to your subsequent query, it is to add here that as explained earliar Section 59 deals with the provisions relating to overtime which stipulates that worker shall be entitled to wages at the rate of twice his ordinary rate of wages. Further the Act has defined the "ordinary rate of wages" as basic wages plus such allowances, including the cash equivalent of the advantage accruing through the concessional sale to workers of food grains and other articles, as the worker is for the time being entitled to, but does not include a bonus and wages for overtime work.
The Kerala High Court, in the case of Jossie v. Flag Officer, has examined the question of eligible allowances that form part of ‘ordinary rate of wages’. The court held that ‘ordinary rate of wages’ includes only salary and allowances for the work like Dearness Allowance (DA). It does not include such allowances which are either compensatory in character or incentive in nature. As such House Rent Allowance (HRA), City Compensatory Allowance (CCA), Transport Allowance (TA), and Small Family Norm Allowance (SFA) etc. are not part of ‘ordinary rate of wages’.
BS Kalsi
Member since Aug 2011
From India, Mumbai
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