Need your expert advise, what is the maximum overtime hours in a week for a front line worker according to Indian labour law, waiting your valuable response. Thanks
From India, New Delhi
Acknowledge(0)
Amend(0)
2From India, New Delhi
Acknowledge(0)Amend(0)
Dear Karnanand,
I would have appreciated it if you had asked a more specific query.
There is no uniform law across the country for all the laborers working in factories, mines, docks, commercial establishments, and other workplaces.
The answer to your query will depend on various factors. The laws differ for factories, mines, docks, commercial establishments, and other workplaces, and they may vary in each state.
I am providing you with the relevant provisions applicable in Maharashtra for shops, other establishments, and factories for your reference.
Section 63 of the Bombay Shops and Establishment Act states as follows:
Section 63: Wages for overtime work:
Where an employee in any establishment covered by this Act is required to work beyond the limit of hours, they shall be entitled to overtime wages at twice their ordinary rate of pay.
Explanation: For this section, the "limit of hours of work" means -
(a) for employees in shops and commercial establishments, nine hours in any day and forty-eight hours in any week;
(b) for employees in residential hotels, restaurants, eating houses, theaters, or other places of public amusement or entertainment, nine hours in any day; and
(c) for employees in any other establishment, the hours prescribed.
[Provided that the maximum limit for overtime work shall not exceed three hours, and the employer may engage additional employees for work beyond this limit.]
Rule 102 under the Maharashtra Factories Rules states as follows:
Adult workers in factories specified in column 2 of the attached Schedule, engaged in the work specified in column 4, are exempt from the provisions mentioned in column 5, subject to conditions specified in column 6 and the following conditions:
(i) No woman worker shall work for more than nine hours in a day;
(ii) Limits of work inclusive of overtime shall not exceed:
(a) ten hours in a day;
(b) twelve hours spread over a day, including rest intervals;
(c) sixty hours in a week, including overtime; and
(d) fifty hours of overtime in any quarter.
The limits in (a) and (b) do not apply to shift workers in specified factories if they work the subsequent shift due to the absence of another worker.
Please let me know if you need further clarification or information.
From India, Mumbai
Acknowledge(0)Amend(0)
I would have appreciated it if you had asked a more specific query.
There is no uniform law across the country for all the laborers working in factories, mines, docks, commercial establishments, and other workplaces.
The answer to your query will depend on various factors. The laws differ for factories, mines, docks, commercial establishments, and other workplaces, and they may vary in each state.
I am providing you with the relevant provisions applicable in Maharashtra for shops, other establishments, and factories for your reference.
Section 63 of the Bombay Shops and Establishment Act states as follows:
Section 63: Wages for overtime work:
Where an employee in any establishment covered by this Act is required to work beyond the limit of hours, they shall be entitled to overtime wages at twice their ordinary rate of pay.
Explanation: For this section, the "limit of hours of work" means -
(a) for employees in shops and commercial establishments, nine hours in any day and forty-eight hours in any week;
(b) for employees in residential hotels, restaurants, eating houses, theaters, or other places of public amusement or entertainment, nine hours in any day; and
(c) for employees in any other establishment, the hours prescribed.
[Provided that the maximum limit for overtime work shall not exceed three hours, and the employer may engage additional employees for work beyond this limit.]
Rule 102 under the Maharashtra Factories Rules states as follows:
Adult workers in factories specified in column 2 of the attached Schedule, engaged in the work specified in column 4, are exempt from the provisions mentioned in column 5, subject to conditions specified in column 6 and the following conditions:
(i) No woman worker shall work for more than nine hours in a day;
(ii) Limits of work inclusive of overtime shall not exceed:
(a) ten hours in a day;
(b) twelve hours spread over a day, including rest intervals;
(c) sixty hours in a week, including overtime; and
(d) fifty hours of overtime in any quarter.
The limits in (a) and (b) do not apply to shift workers in specified factories if they work the subsequent shift due to the absence of another worker.
Please let me know if you need further clarification or information.
From India, Mumbai
Acknowledge(0)Amend(0)
Dear Karnand,
If you are involved in tunneling work, I presume your firm must comply with the Mines Act, as work of this nature can take place either above ground or below ground. Therefore, you should officially adhere to the provisions outlined in the Mines Act. I understand the nature of work in mines. Often, when essential personnel such as agents, mates, foremen, mine managers, drillers, blasters, etc., are not available in sufficient numbers, there may be no choice but to exceed the maximum hours of continuous work permitted by the Mines Act.
Off the record, I can only suggest that you record overtime to the extent allowed by the statute. For the additional hours worked, you may consider compensating with incentives.
Kumar S.
From India, Bangalore
Acknowledge(0)Amend(0)
If you are involved in tunneling work, I presume your firm must comply with the Mines Act, as work of this nature can take place either above ground or below ground. Therefore, you should officially adhere to the provisions outlined in the Mines Act. I understand the nature of work in mines. Often, when essential personnel such as agents, mates, foremen, mine managers, drillers, blasters, etc., are not available in sufficient numbers, there may be no choice but to exceed the maximum hours of continuous work permitted by the Mines Act.
Off the record, I can only suggest that you record overtime to the extent allowed by the statute. For the additional hours worked, you may consider compensating with incentives.
Kumar S.
From India, Bangalore
Acknowledge(0)Amend(0)Looking for something specific? - Join & Be Part Of Our Community and get connected with the right people who can help. Our AI-powered platform provides real-time fact-checking, peer-reviewed insights, and a vast historical knowledge base to support your search.
Overtime calculation- weekly hours of work.PDF
Indian Labour laws.doc
Employee work sheet model.xls