If a casual worker in a plant is working for 24 hours in a day due to an emergency requirement, what are the rules regarding Overtime and Compensatory Off (C.off) in this situation?
For example, if he worked on 11th June from 7 AM until the next day, 12th June, at 7 AM, and I provided him with 8 hours of regular pay and 16 hours of overtime pay, he is also requesting C.off as he has worked for a total of 24 hours. I would like clarification on whether, since we are already compensating him for 24 hours (8 hours regular pay + 16 hours overtime pay), we are required to provide him with C.off or additional compensation for C.off on top of this. Please assist with this matter.
From India, Worli
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1For example, if he worked on 11th June from 7 AM until the next day, 12th June, at 7 AM, and I provided him with 8 hours of regular pay and 16 hours of overtime pay, he is also requesting C.off as he has worked for a total of 24 hours. I would like clarification on whether, since we are already compensating him for 24 hours (8 hours regular pay + 16 hours overtime pay), we are required to provide him with C.off or additional compensation for C.off on top of this. Please assist with this matter.
From India, Worli
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One cannot get both Overtime and C/off for the same work. C/off is to compensate for the holiday lost due to work (say on a weekly holiday), and OT is for extra hours of work done in addition to the normal duty of eight hours. What you have done is correct. There is a Bombay High Court judgment in this regard, probably mentioned in SD Puri's Book on the Factories Act.
From India, Mumbai
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From India, Mumbai
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Thank You for the suggestion Sir. This we help me to clarify the workers.
From India, Worli
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From India, Worli
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I would also like to add a point to this. What you did is right as per the Act. However, because we are HR personnel, we must also consider the humane aspect. The person who worked for 24 hours is undoubtedly exhausted, so what you did is acceptable, but we could offer him a half-day compensation off. This gesture can help foster a good relationship between the employee and management. Continuing a job after working for 24 hours is extremely challenging to handle.
From India, Rudarpur
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From India, Rudarpur
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I agree with your words, Gautam Sir. What if they are asking for overtime instead of C.Off? We are ready to give, but they are asking for overtime instead of C.Off. I can give you one more example:
One of our workers worked on 8th July from 19:00 to 7:00 am and continuously from 7:00 am to 19:00 on 9th July. Then, he came in on the 10th for the morning shift for 12 hours again, i.e., 7:00 to 19:00. While applying for overtime, he added 4 hours of 8th July, 4 hours of 9th July, 12 hours as C.Off, and 4 hours of 10th July. Is this O.T. application okay? Kindly confirm.
According to my calculations, I have provided him with only 12 hours of O.T. and 3 days of Present Pay for a total of 3 days (8th to 10th July 2018).
Regards,
Vidya S. Negi
From India, Worli
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One of our workers worked on 8th July from 19:00 to 7:00 am and continuously from 7:00 am to 19:00 on 9th July. Then, he came in on the 10th for the morning shift for 12 hours again, i.e., 7:00 to 19:00. While applying for overtime, he added 4 hours of 8th July, 4 hours of 9th July, 12 hours as C.Off, and 4 hours of 10th July. Is this O.T. application okay? Kindly confirm.
According to my calculations, I have provided him with only 12 hours of O.T. and 3 days of Present Pay for a total of 3 days (8th to 10th July 2018).
Regards,
Vidya S. Negi
From India, Worli
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