Dear All,
Could anyone guide me in finding information on judgments or amendments regarding the payment of overtime wages?
Previously, the payment was calculated as twice the basic wage, but now I have learned that overtime pay should be based on the gross salary.
Regards,
Shahu
From India, Mumbai
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1Could anyone guide me in finding information on judgments or amendments regarding the payment of overtime wages?
Previously, the payment was calculated as twice the basic wage, but now I have learned that overtime pay should be based on the gross salary.
Regards,
Shahu
From India, Mumbai
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Dear All, Can any body guide me if an employee is working on hourly basis in that case what will be the PT and PF calculation.
From India, Pune
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From India, Pune
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Dear Mr.Sahu The rate of overtime is specified in the Labour Law applicable to the establishment and no general rule for the payment of overtime is available With regards
From India, Madras
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From India, Madras
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Thank you, Mr. V. Harikrishnan.
Sir, I am working in the engineering industry where we are paying twice the PF base for overtime wages. However, there was a recent judgment on the payment of overtime wages, stating that overtime wages should be paid twice the total gross salary of one day, which I am not currently receiving.
Regards,
Shahu
From India, Mumbai
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Sir, I am working in the engineering industry where we are paying twice the PF base for overtime wages. However, there was a recent judgment on the payment of overtime wages, stating that overtime wages should be paid twice the total gross salary of one day, which I am not currently receiving.
Regards,
Shahu
From India, Mumbai
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Dear All,
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.
For the purposes of sub-section (1), "ordinary rate of wages" means the 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.
Where any workers in a factory are paid on a piece-rate basis, the time rate shall be deemed equivalent to the daily average of their full-time earnings for the days on which they actually worked on the same or identical job during the month immediately preceding the calendar month during which the overtime work was done, and such time rates shall be deemed to be the ordinary rates of wages of those workers.
For more information, kindly check Factory Act 1948 Sec. 59.
Regards,
J.N. Modi
From India, New Delhi
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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.
For the purposes of sub-section (1), "ordinary rate of wages" means the 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.
Where any workers in a factory are paid on a piece-rate basis, the time rate shall be deemed equivalent to the daily average of their full-time earnings for the days on which they actually worked on the same or identical job during the month immediately preceding the calendar month during which the overtime work was done, and such time rates shall be deemed to be the ordinary rates of wages of those workers.
For more information, kindly check Factory Act 1948 Sec. 59.
Regards,
J.N. Modi
From India, New Delhi
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Dear Mr. Modi,
What will be the interpretation for "the cash equivalent of the advantage accruing through the concessional sale to workers of food grains and other articles"? Will it be the gross salary?
Regards,
Shahu
From India, Mumbai
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What will be the interpretation for "the cash equivalent of the advantage accruing through the concessional sale to workers of food grains and other articles"? Will it be the gross salary?
Regards,
Shahu
From India, Mumbai
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Dear Mr. Sahu,
Mr. Modi has provided an excerpt from the Factories Act that is applicable in your case since you are employed in an engineering industry. The cash equivalent of the benefits arising through concessional sales to workers of food grains or other articles will only arise if the employer is providing food grains and other articles at a concessional rate. The subsidized food, if any, provided in the canteen is not considered a food grain or other article. Your overtime (OT) pay should be calculated based on the total of the basic salary and other allowances (i.e., gross salary).
With regards,
From India, Madras
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Mr. Modi has provided an excerpt from the Factories Act that is applicable in your case since you are employed in an engineering industry. The cash equivalent of the benefits arising through concessional sales to workers of food grains or other articles will only arise if the employer is providing food grains and other articles at a concessional rate. The subsidized food, if any, provided in the canteen is not considered a food grain or other article. Your overtime (OT) pay should be calculated based on the total of the basic salary and other allowances (i.e., gross salary).
With regards,
From India, Madras
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Hi Lalit,
I have a special request for Mr. V. Harikrishnan and Mr. Modi for guidance, and others are welcome too.
In the case of a company engaged in the financial service sector, a 100% subsidiary of a nationalized bank with its head office located in Mumbai, and having more than 100 staff:
1. Is overtime allowed for staff working beyond the specified hours?
2. Are managerial personnel also covered, or is there a limitation on the scope of applicability of overtime?
3. Does calling on Sundays and national holidays constitute overtime? If not, are there any provisions restricting or prescribing compensation for this?
4. What if the organization denies overtime but allows out-of-pocket expenses equal to one-fourth of the average daily wage payable?
Suggestions are solicited, with references to case laws and relevant sections, please.
Regards,
LALIT
From India, Mumbai
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I have a special request for Mr. V. Harikrishnan and Mr. Modi for guidance, and others are welcome too.
In the case of a company engaged in the financial service sector, a 100% subsidiary of a nationalized bank with its head office located in Mumbai, and having more than 100 staff:
1. Is overtime allowed for staff working beyond the specified hours?
2. Are managerial personnel also covered, or is there a limitation on the scope of applicability of overtime?
3. Does calling on Sundays and national holidays constitute overtime? If not, are there any provisions restricting or prescribing compensation for this?
4. What if the organization denies overtime but allows out-of-pocket expenses equal to one-fourth of the average daily wage payable?
Suggestions are solicited, with references to case laws and relevant sections, please.
Regards,
LALIT
From India, Mumbai
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Dear Mr. Lalit,
The wages, allowances, overtime, and the rate of payment of overtime in respect of nationalized banks are governed to a large extent by the settlements/agreements entered into between the various unions/associations representing employees governed by the provisions of the Industrial Disputes Act and also officers who are not governed by the provisions of the Industrial Disputes Act. These settlements may provide that those settlements would be applicable to the subsidiaries of the concerned nationalized bank. In the case cited by you, please ascertain and furnish this information. This information is necessary to formulate a view on the query raised by you.
With regards,
From India, Madras
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The wages, allowances, overtime, and the rate of payment of overtime in respect of nationalized banks are governed to a large extent by the settlements/agreements entered into between the various unions/associations representing employees governed by the provisions of the Industrial Disputes Act and also officers who are not governed by the provisions of the Industrial Disputes Act. These settlements may provide that those settlements would be applicable to the subsidiaries of the concerned nationalized bank. In the case cited by you, please ascertain and furnish this information. This information is necessary to formulate a view on the query raised by you.
With regards,
From India, Madras
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