Dear Experts, 1. Does Wages/OT needs to pay for rest or intervals? 2. If an employee worked 48 hours in a week and there are 12 work hours in a day - 12*6=72 hours. How many hours of pay. Thanks.
From India, Guntur
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From India, Guntur
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Inadvertently, there is no mention in the post about the type of the establishment such as a factory, shop, or other establishment. Daily hours of work differ from establishment to establishment. For example, in a factory, it is 9 hours per day (sec.54 of the FA, 1948) subject to a maximum of 48 hours in a week (sec.51). In a mine, it is the same for employees required to work above the ground (sec.30 of the Mines Act, 1952), and in respect of employees required to work below the ground, it is 8 hours a day (sec.31). To my knowledge, 8 hours a day is the standard norm of daily working hours in every other establishment-specific law. However, no employee can be required to work continuously for 8 hours in any day; he has to be allowed a rest interval of at least half an hour after a continuous stretch of 5 hours of working. Thus the concept of spread-over is introduced in such laws.
Simply put, spread over is the continuous stretch of time during which the employee remains at the disposal of the employer. It is 10 1/2 hours under the Factories Act (sec.54), 12 hours under the Mines Act (sec.30(2)) and the Motor Transports Workers Act, 1961. Thus, it varies according to the type of the establishment though it is a continuous stretch of hours the employee remains at the disposal of his employer from signing on to signing off inclusive of actual working hours and intervals for rest.
Coming to overtime work, it is generally restricted by the daily spread over, total number of hours of work in a month or quarter including O.T, etc., in almost all the establishment-specific labor laws. For instance, sec.65 of the Factories Act, 1948 granting power of exemption to periods of work in respect of certain factories depending on their nature of work. The summary of this exemption is that though daily 4 hours of OT can be allowed within the extended spread over of 13.5 hours a day, it has to be within the limits of 12 hours of work per day, total 60 hours of work per week including overtime work, and 75 hours of O.T in a quarter.
Therefore,
1) Rest intervals are not paid.
2) Normally, O.T cannot be more than one hour a day. But, in case of exemption obtained u/s 65 of the Factories Act, 1948, it can be more subject to the restrictions imposed u/s 65(3) of the Act.
From India, Salem
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6185Simply put, spread over is the continuous stretch of time during which the employee remains at the disposal of the employer. It is 10 1/2 hours under the Factories Act (sec.54), 12 hours under the Mines Act (sec.30(2)) and the Motor Transports Workers Act, 1961. Thus, it varies according to the type of the establishment though it is a continuous stretch of hours the employee remains at the disposal of his employer from signing on to signing off inclusive of actual working hours and intervals for rest.
Coming to overtime work, it is generally restricted by the daily spread over, total number of hours of work in a month or quarter including O.T, etc., in almost all the establishment-specific labor laws. For instance, sec.65 of the Factories Act, 1948 granting power of exemption to periods of work in respect of certain factories depending on their nature of work. The summary of this exemption is that though daily 4 hours of OT can be allowed within the extended spread over of 13.5 hours a day, it has to be within the limits of 12 hours of work per day, total 60 hours of work per week including overtime work, and 75 hours of O.T in a quarter.
Therefore,
1) Rest intervals are not paid.
2) Normally, O.T cannot be more than one hour a day. But, in case of exemption obtained u/s 65 of the Factories Act, 1948, it can be more subject to the restrictions imposed u/s 65(3) of the Act.
From India, Salem
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Considering the organization is covered under the Factories Act, my observations are as follows:
1. So far as my knowledge goes and the Factories Act is concerned, it is silent about the payment of intervals of rest in normal working hours and also in the case of overtime (OT). From practices at MNCs and big Indian organizations, I have observed that in the case of 3-shift work, it is 7.5 hours of work and a 0.5-hour interval of rest, but the employees are paid for 8 hours per day. Duty hours are from 6 am to 2 pm, 2 pm to 10 pm, and 10 pm to 6 am (the next day). Therefore, in the above condition, intervals of rest are paid.
Again, in the General Shift, the employees are working, let's say, from 9 am to 5.30 pm with a half-hour interval of rest and are paid for only 8 hours - no payment for the interval of rest as the total hours, including the interval of rest, is 8.5 hours.
2. In the case of overtime, usually, there is no payment for the interval of rest.
3. If an employee has worked 48 hours in a week and 4 hours of OT every day for 6 days in a week, the employee will receive payment for 48 + 4 * 6 * 2 = 96 hours.
S K Bandyopadhyay (WB, Howrah)
CEO - USD HR Solutions
From India, New Delhi
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1. So far as my knowledge goes and the Factories Act is concerned, it is silent about the payment of intervals of rest in normal working hours and also in the case of overtime (OT). From practices at MNCs and big Indian organizations, I have observed that in the case of 3-shift work, it is 7.5 hours of work and a 0.5-hour interval of rest, but the employees are paid for 8 hours per day. Duty hours are from 6 am to 2 pm, 2 pm to 10 pm, and 10 pm to 6 am (the next day). Therefore, in the above condition, intervals of rest are paid.
Again, in the General Shift, the employees are working, let's say, from 9 am to 5.30 pm with a half-hour interval of rest and are paid for only 8 hours - no payment for the interval of rest as the total hours, including the interval of rest, is 8.5 hours.
2. In the case of overtime, usually, there is no payment for the interval of rest.
3. If an employee has worked 48 hours in a week and 4 hours of OT every day for 6 days in a week, the employee will receive payment for 48 + 4 * 6 * 2 = 96 hours.
S K Bandyopadhyay (WB, Howrah)
CEO - USD HR Solutions
From India, New Delhi
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In case of OT, some organizations also pay for the interval of rest - I just checked with 2 organizations. When calculating the total hours, I have included the OT payment for the interval of rest. If any organization is not interested in paying for the interval of rest, they may choose not to do so.
S K Bandyopadhyay (WB, Howrah) CEO-USD HR Solutions
From India, New Delhi
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S K Bandyopadhyay (WB, Howrah) CEO-USD HR Solutions
From India, New Delhi
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I would like to add on some more. Whenever you are going to run a factory, you have to take approval of running shift for your factory from the concern department. You have to mention the shift and their respective timing, including overtime.
One more thing, there are 02 types of processes:
01. Continuous process
02. Non-continuous process
In a continuous process, there is no option to stop the production. That's why the shift timing for this type of process is from 06 to 02, 02 to 10, and 10 to 06 (for 8 hours). When we talk about the non-continuous process where the plant will stop for lunch, then the shift timing will be 06 to 02:30, 20:30 to 11, etc. (for 8.5 hours, including lunch).
Now, talking about the overtime, it will start after your approved shift, either after 8 hours or after 8.5 hours depending on approval.
From India, Rudarpur
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One more thing, there are 02 types of processes:
01. Continuous process
02. Non-continuous process
In a continuous process, there is no option to stop the production. That's why the shift timing for this type of process is from 06 to 02, 02 to 10, and 10 to 06 (for 8 hours). When we talk about the non-continuous process where the plant will stop for lunch, then the shift timing will be 06 to 02:30, 20:30 to 11, etc. (for 8.5 hours, including lunch).
Now, talking about the overtime, it will start after your approved shift, either after 8 hours or after 8.5 hours depending on approval.
From India, Rudarpur
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1. Is wages/overtime needs to be paid for rest or intervals?
Answer 1: No, because the rest or interval hours are part of the 8-hour shift. This type of question arises when we do not adhere to the norms of acts and rules and engage people to work during lunch or rest hours. Therefore, keeping all the above points in mind, the industrial engineering department suggests the number of workmen required per shift for the establishment engaged in a continuous process.
2. If an employee reaches 48 hours in a week and 12 in a day (12*6=72 hours), how many hours should be paid?
Answer 2: Overtime should be paid at double the rate for 28 hours.
From India, Mumbai
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Answer 1: No, because the rest or interval hours are part of the 8-hour shift. This type of question arises when we do not adhere to the norms of acts and rules and engage people to work during lunch or rest hours. Therefore, keeping all the above points in mind, the industrial engineering department suggests the number of workmen required per shift for the establishment engaged in a continuous process.
2. If an employee reaches 48 hours in a week and 12 in a day (12*6=72 hours), how many hours should be paid?
Answer 2: Overtime should be paid at double the rate for 28 hours.
From India, Mumbai
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From the above post of Mr. Prabhat, I have the following observations.
1.0 In question no. 1, the answer is "NO." In the case of 3 shifts work, the employee works for 7.5 hours and has a 0.5-hour interval of rest, but they are paid for 8 hours. Therefore, working 7.5 hours but payment for 8 hours. In my opinion, the answer in this case is "YES."
Again, in the case of the General Shift - 9 am to 5.30 pm, the total duty hours including the interval of rest is 8.5 hours, of which 8 hours are working hours and 0.5 hours is the interval of rest. The employee is paid for 8 hours only. In this case, the answer is "NO."
Therefore, in my opinion, the answer may be "YES" or may be "NO" and will vary for different conditions.
2.0 The employee has worked for 72 hours, of which 48 hours are normal duty and 24 hours are overtime (OT). Therefore, OT is to be paid at double the rate for 24 hours. It is not clear how it is 28 hours.
Requesting clarification if there is any different thought process.
S K Bandyopadhyay (WB, Howrah) +9198310 81531
From India, New Delhi
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1.0 In question no. 1, the answer is "NO." In the case of 3 shifts work, the employee works for 7.5 hours and has a 0.5-hour interval of rest, but they are paid for 8 hours. Therefore, working 7.5 hours but payment for 8 hours. In my opinion, the answer in this case is "YES."
Again, in the case of the General Shift - 9 am to 5.30 pm, the total duty hours including the interval of rest is 8.5 hours, of which 8 hours are working hours and 0.5 hours is the interval of rest. The employee is paid for 8 hours only. In this case, the answer is "NO."
Therefore, in my opinion, the answer may be "YES" or may be "NO" and will vary for different conditions.
2.0 The employee has worked for 72 hours, of which 48 hours are normal duty and 24 hours are overtime (OT). Therefore, OT is to be paid at double the rate for 24 hours. It is not clear how it is 28 hours.
Requesting clarification if there is any different thought process.
S K Bandyopadhyay (WB, Howrah) +9198310 81531
From India, New Delhi
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Seeing the answers given so far, I am wondering if I am reading the question wrong.
Unfortunately, the original poster has not responded.
My opinion is as below:
Rest or intervals are a part of the workday, and the work time actually includes mandatory or allowed intervals for rest. Therefore, when a person is on overtime, they will be paid overtime for the entire time they are at the workplace, whether they are actively doing the work or taking allowed/mandatory rest. You cannot deduct the minutes they have taken for rest from the overtime hours.
Therefore, if the shift ends at 3 pm, and the employee works until 6 pm, they will be entitled to 3 hours of overtime (at double their normal rate), even if they were given a break of 10-15 minutes in the middle. You cannot say they will be paid only for 2 hours and 45 minutes because they did not work for 15 minutes. If you do such a thing, it is a violation of the law.
From India, Mumbai
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Unfortunately, the original poster has not responded.
My opinion is as below:
Rest or intervals are a part of the workday, and the work time actually includes mandatory or allowed intervals for rest. Therefore, when a person is on overtime, they will be paid overtime for the entire time they are at the workplace, whether they are actively doing the work or taking allowed/mandatory rest. You cannot deduct the minutes they have taken for rest from the overtime hours.
Therefore, if the shift ends at 3 pm, and the employee works until 6 pm, they will be entitled to 3 hours of overtime (at double their normal rate), even if they were given a break of 10-15 minutes in the middle. You cannot say they will be paid only for 2 hours and 45 minutes because they did not work for 15 minutes. If you do such a thing, it is a violation of the law.
From India, Mumbai
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Dear Mr. S. K. Bandyopadhyay,
The question was whether wages/overtime needs to be paid for rest intervals or not. The obvious answer would be "NO." It is a basic understanding that people get paid at the rate of overtime if engaged at work during lunch or rest hours.
From India, Mumbai
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The question was whether wages/overtime needs to be paid for rest intervals or not. The obvious answer would be "NO." It is a basic understanding that people get paid at the rate of overtime if engaged at work during lunch or rest hours.
From India, Mumbai
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Dear Prabhat Mohanty,
I am a little confused. You are saying people do not get paid for rest and intervals, and then you are saying they get paid OT for working in lunch/rest hour. Could you explain? Also, is it allowed to ask someone to work during rest/lunch? I think the factory act, at least, is very clear that there is a mandatory rest for people after 5 hours of work.
From India, Mumbai
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I am a little confused. You are saying people do not get paid for rest and intervals, and then you are saying they get paid OT for working in lunch/rest hour. Could you explain? Also, is it allowed to ask someone to work during rest/lunch? I think the factory act, at least, is very clear that there is a mandatory rest for people after 5 hours of work.
From India, Mumbai
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