Dear Seniors, please suggest...
According to the Karnataka S&E Act, if any employee works for 10 hours on a holiday/Sunday (actual working hours on a regular day are 9 hours with a 1-hour break daily for 6 days), do we need to pay overtime (OT) for 10 hours or 9 hours excluding the 1-hour break when working on a holiday/Sunday?
Please suggest.
Basavaraj.
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According to the Karnataka S&E Act, if any employee works for 10 hours on a holiday/Sunday (actual working hours on a regular day are 9 hours with a 1-hour break daily for 6 days), do we need to pay overtime (OT) for 10 hours or 9 hours excluding the 1-hour break when working on a holiday/Sunday?
Please suggest.
Basavaraj.
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Dear Basavaraj,
I would like to draw your kind attention to the following provision of the Karnataka Shops and Establishments Act, 1961:
"Section 12(4): It shall not be lawful for an employer to call an employee at, or for an employee to go to, his establishment or any other place for any work in connection with the business of his establishment on a weekly holiday given to the employee under subsection (3) or on a day on which such establishment remains closed."
I am unaware of any exemption granted to the above provision later. Can you decide the answer for yourself?
From India, Salem
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6185I would like to draw your kind attention to the following provision of the Karnataka Shops and Establishments Act, 1961:
"Section 12(4): It shall not be lawful for an employer to call an employee at, or for an employee to go to, his establishment or any other place for any work in connection with the business of his establishment on a weekly holiday given to the employee under subsection (3) or on a day on which such establishment remains closed."
I am unaware of any exemption granted to the above provision later. Can you decide the answer for yourself?
From India, Salem
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Overtime is the work done over and above the regular working hours. For deciding whether the employee is overstaying the regular working hours or not, we can exclude the intervals of rest. However, the period beyond the regular time, i.e., overtime hours, should be calculated inclusive of intervals of rest.
In a normal situation, overtime will typically be for two or three hours, and therefore the question of an interval for a lunch or dinner break will not apply. If an employee is asked to do overtime for more than four hours (though illegal as per law), you should pay for the interval for dinner as well.
Similarly, if an employee is asked to work on a weekly off day with the condition that the weekly holiday will be compensated within three days (to ensure the employee does not work continuously for more than ten days at a stretch and complies with legal requirements), the employee should receive wages for that day at double the rate. The rate of wages is calculated based on a day of 9 hours, including intervals of rest. The overtime rate should also be based on that daily average rate of wages per day, i.e., including intervals.
From India, Kannur
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In a normal situation, overtime will typically be for two or three hours, and therefore the question of an interval for a lunch or dinner break will not apply. If an employee is asked to do overtime for more than four hours (though illegal as per law), you should pay for the interval for dinner as well.
Similarly, if an employee is asked to work on a weekly off day with the condition that the weekly holiday will be compensated within three days (to ensure the employee does not work continuously for more than ten days at a stretch and complies with legal requirements), the employee should receive wages for that day at double the rate. The rate of wages is calculated based on a day of 9 hours, including intervals of rest. The overtime rate should also be based on that daily average rate of wages per day, i.e., including intervals.
From India, Kannur
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