Hello, I am working in a manufacturing company as an HR Executive. There, when labor works above 8 hours, they are considered for overtime. However, when staff members work beyond 8 hours, they are not considered for overtime. Please suggest to me if my boss's statement that staff has no right to overtime is correct. Does the Factory Act have different rules for labor and staff?

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From India, Bagpat
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Dear Jyoti,

There exists a very long thread about who falls under the definition of the term "worker" as per Section 2(l) of the Factories Act, 1948. If the office is located within the factory premises, then the staff members working there would be covered by the provisions of the Factories Act, 1948, and as such, they are certainly entitled to overtime wages under Section 59 of the Act. If the office is situated elsewhere and falls under the purview of the State Shops and Establishments Act, then also they are entitled to overtime wages.

From India, Salem
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Anonymous
Which authority to file complaint for non-payment of OT to entire staff ?
From India, Chikhli
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If the monthly gross wages remain Rs. 24,000 or below, such employees can file a claim under Section 15(2) of the Payment of Wages Act, 1936 either by themselves or through any trade union or an inspector under the Act before the Authority under the Act (usually a DCL).
From India, Salem
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