Hello everyone,
I want to know the overtime allowance for security guards. We have security guards hired privately and not through any agency. My question is, do we have to pay overtime for 3 hours if he is on duty for 12 hours? Or is security guard duty for 12 hours obvious? Also, should the rate of OT be double?
From India, Mahuva
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I want to know the overtime allowance for security guards. We have security guards hired privately and not through any agency. My question is, do we have to pay overtime for 3 hours if he is on duty for 12 hours? Or is security guard duty for 12 hours obvious? Also, should the rate of OT be double?
From India, Mahuva
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Dear Brinda, What’s your establishment - a factory or an establishment coming under Shops and Estt Act?
From India, Salem
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6185From India, Salem
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Dear Brinda,
Since your establishment is a factory under the Factories Act, 1948, I would request you to carefully go through the following provisions of the Factories Act, 1948:
Section 51: No adult worker shall be required or allowed to work in a factory for more than 48 hours in any week.
Section 54: Daily hours of work for adults:
It shall be 9 hours a day subject to the limit of 48 hours per week fixed under Section 51 of the Act.
Section 56: Spread over:
The periods of work of an adult worker in a factory shall be so arranged that inclusive of his intervals for rest under Section 55, they shall not spread over more than 10 1/2 hours in any day.
If you read these three sections conjunctively with reference to your query, the following irresistible positions emerge:
1) Section 51 prescribes a ceiling or an outer limit of working hours of an adult worker in a week. It, therefore, imposes an embargo on the employer's right to prescribe total working hours for a week.
2) Section 54 prescribes a maximum of 9 hours a day only subject to the ceiling of 48 hours a week fixed under Section 51. It would, therefore, automatically imply that a worker cannot be required or allowed to work uniformly 9 hours every day of the 6-day week.
3) By 'Spread over,' Section 56 denotes the maximum stretch of continuous hours a worker can be kept at the disposal of the employer for the purpose of work in a day under the contract of employment. In other words, the daily period of a worker including the hours for rest interval should not exceed 10 1/2 hours a day.
Therefore, you will have no hesitation in agreeing that the normal working hours of a day cannot exceed 8 hours within the spread over.
Coming to overtime work and overtime wages, you have to refer to Section 59 of the Act. Overtime work can be defined as the extra hours a worker is required to work beyond 9 hours in a day or beyond 48 hours in a week. But it has been regulated by the provisions of Sections 64 and 65 of the Act. This regulation of overtime work is based on the rationale that human capacity to work has an upper limit. Workers, in the interest of their health, should not be allowed to work beyond that limit. That is why permission and exemption to allow overtime work are required under Sections 64 and 65.
So, my conclusion is:
1) that you cannot ask him to work regularly in a 12-hour shift and
2) you cannot extract 3 hours of overtime work every day.
From India, Salem
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Since your establishment is a factory under the Factories Act, 1948, I would request you to carefully go through the following provisions of the Factories Act, 1948:
Section 51: No adult worker shall be required or allowed to work in a factory for more than 48 hours in any week.
Section 54: Daily hours of work for adults:
It shall be 9 hours a day subject to the limit of 48 hours per week fixed under Section 51 of the Act.
Section 56: Spread over:
The periods of work of an adult worker in a factory shall be so arranged that inclusive of his intervals for rest under Section 55, they shall not spread over more than 10 1/2 hours in any day.
If you read these three sections conjunctively with reference to your query, the following irresistible positions emerge:
1) Section 51 prescribes a ceiling or an outer limit of working hours of an adult worker in a week. It, therefore, imposes an embargo on the employer's right to prescribe total working hours for a week.
2) Section 54 prescribes a maximum of 9 hours a day only subject to the ceiling of 48 hours a week fixed under Section 51. It would, therefore, automatically imply that a worker cannot be required or allowed to work uniformly 9 hours every day of the 6-day week.
3) By 'Spread over,' Section 56 denotes the maximum stretch of continuous hours a worker can be kept at the disposal of the employer for the purpose of work in a day under the contract of employment. In other words, the daily period of a worker including the hours for rest interval should not exceed 10 1/2 hours a day.
Therefore, you will have no hesitation in agreeing that the normal working hours of a day cannot exceed 8 hours within the spread over.
Coming to overtime work and overtime wages, you have to refer to Section 59 of the Act. Overtime work can be defined as the extra hours a worker is required to work beyond 9 hours in a day or beyond 48 hours in a week. But it has been regulated by the provisions of Sections 64 and 65 of the Act. This regulation of overtime work is based on the rationale that human capacity to work has an upper limit. Workers, in the interest of their health, should not be allowed to work beyond that limit. That is why permission and exemption to allow overtime work are required under Sections 64 and 65.
So, my conclusion is:
1) that you cannot ask him to work regularly in a 12-hour shift and
2) you cannot extract 3 hours of overtime work every day.
From India, Salem
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