How long can a person work after the regular 8 working hours, as per the law?
From India, Bhubaneswar
From India, Bhubaneswar
Dear Suprava Jena,
Generally speaking, the company authority does not encourage employees to perform overtime work in normal conditions. But there are always some unpredictable matters that happen to interrupt our business operation such as materials shortages machine shut-downs or Engineering Changes. To meet operational schedules or maintenance requirements, the company could request an employee to work more than the normal daily work period with overtime payment.
For your information, according to Chinese law, after the regular 8-hour working day, the extended working hours are regulated as follows:
• General Circumstances: Generally, the extended working hours should not exceed 1 hour per day when the employer, due to production and operation needs, extends working hours after consulting with the labor union and employees.
• Special Circumstances: When there are special reasons requiring extended working hours, the extended working hours should not exceed 3 hours per day under the condition of ensuring the employee's health, and should not exceed 36 hours per month.
Overtime Payment
Non-exempt employees are eligible to request overtime payment. The hourly rate of overtime payment is per the Provisions in the Labor Standards Law. Exempt employees are only eligible to request compensation leave after they perform overtime work.
Non-exempt employees who are required to perform work over the regular working hours a day should be granted overtime pay at the hourly rate of pay plus one-third times two hours of overtime work or at the hourly rate of pay plus two-thirds times the number of such hours worked for the second two hours or at the hourly rate pay plus twice times the number of such hours worked after the first four hours.
Procedure
Overtime work must be approved by the department manager or supervisor by the slip of " Request for Overtime" beforehand. The HR Department is responsible for checking the overtime records shown on the Time Cards/Time Records on the computer; calculating the overtime payment that employees earned, and putting the amount into the monthly payroll at the end of each month.
Hope this helps.
Thank you and best regards,
John Chiang
From Taiwan, Taipei
1Generally speaking, the company authority does not encourage employees to perform overtime work in normal conditions. But there are always some unpredictable matters that happen to interrupt our business operation such as materials shortages machine shut-downs or Engineering Changes. To meet operational schedules or maintenance requirements, the company could request an employee to work more than the normal daily work period with overtime payment.
For your information, according to Chinese law, after the regular 8-hour working day, the extended working hours are regulated as follows:
• General Circumstances: Generally, the extended working hours should not exceed 1 hour per day when the employer, due to production and operation needs, extends working hours after consulting with the labor union and employees.
• Special Circumstances: When there are special reasons requiring extended working hours, the extended working hours should not exceed 3 hours per day under the condition of ensuring the employee's health, and should not exceed 36 hours per month.
Overtime Payment
Non-exempt employees are eligible to request overtime payment. The hourly rate of overtime payment is per the Provisions in the Labor Standards Law. Exempt employees are only eligible to request compensation leave after they perform overtime work.
Non-exempt employees who are required to perform work over the regular working hours a day should be granted overtime pay at the hourly rate of pay plus one-third times two hours of overtime work or at the hourly rate of pay plus two-thirds times the number of such hours worked for the second two hours or at the hourly rate pay plus twice times the number of such hours worked after the first four hours.
Procedure
Overtime work must be approved by the department manager or supervisor by the slip of " Request for Overtime" beforehand. The HR Department is responsible for checking the overtime records shown on the Time Cards/Time Records on the computer; calculating the overtime payment that employees earned, and putting the amount into the monthly payroll at the end of each month.
Hope this helps.
Thank you and best regards,
John Chiang
From Taiwan, Taipei
Dear Suprabha Jena,
The maximum number of overtime hours for an employee in a quarter is 50 hours as per the Factories Act.
Therefore in one quarter (three months) over time hours can be 50 hours.
The Factories Act of 1948 also limits the total number of hours an employee can work in a week to 60 hours, including overtime.
You follow the your State Factory rules governments can make rules. There is a provision for additional hours of OT but approval to be taken for emergency and exigency conditions from the appropriate Govt by making application.
From India, Mumbai
The maximum number of overtime hours for an employee in a quarter is 50 hours as per the Factories Act.
Therefore in one quarter (three months) over time hours can be 50 hours.
The Factories Act of 1948 also limits the total number of hours an employee can work in a week to 60 hours, including overtime.
You follow the your State Factory rules governments can make rules. There is a provision for additional hours of OT but approval to be taken for emergency and exigency conditions from the appropriate Govt by making application.
From India, Mumbai
Dear Suprava,
Your question is unclear and need context
Please explain the events behind the question and what you are trying to achieve.
Also what is your position and what have you been asked to do?
From India, Mumbai
Your question is unclear and need context
Please explain the events behind the question and what you are trying to achieve.
Also what is your position and what have you been asked to do?
From India, Mumbai
Indian labor laws establish limits on daily and weekly working hours, and they also regulate overtime. Here's a breakdown:
Maximum Working Hours
Generally, working hours should not exceed 48 hours per week.
Daily working hours are typically limited to 9 hours. Some states follow 12 hours for their daily maximum working hours.
Overtime Regulations
If an employee works beyond the stipulated hours (more than 9 hours a day or 48 hours a week), they are entitled to overtime pay at double their regular rate of wages.
The total working hours, including overtime, cannot exceed 60 hours in a week.
Overtime hours are limited to a maximum of 50 per quarter. However, another source states that quarterly overtime should be restricted to 75 hours.
Employees should not work continuously for more than 5 hours without a break. They are entitled to a rest period of 30 minutes for every 5 hours of continuous work.
Relevant Acts
Factories Act, 1948: Specifies that if a worker exceeds 9 hours in a day or 48 hours in a week, they should receive overtime pay, which is twice their usual wage.
Minimum Wages Act, 1948: States that workers should receive overtime pay for every extra hour worked beyond their regular shift. This should be double their regular wage.
Exemptions and Other Considerations
Exemptions to work overtime can be granted, but restrictions apply, such as not exceeding 12 hours of daily working hours.
Overtime should generally not continue for more than 7 days at a stretch.
Some job roles, such as government workers, contractual workers, and freelancers, may have exceptions regarding overtime pay.
From India, New+Delhi
Maximum Working Hours
Generally, working hours should not exceed 48 hours per week.
Daily working hours are typically limited to 9 hours. Some states follow 12 hours for their daily maximum working hours.
Overtime Regulations
If an employee works beyond the stipulated hours (more than 9 hours a day or 48 hours a week), they are entitled to overtime pay at double their regular rate of wages.
The total working hours, including overtime, cannot exceed 60 hours in a week.
Overtime hours are limited to a maximum of 50 per quarter. However, another source states that quarterly overtime should be restricted to 75 hours.
Employees should not work continuously for more than 5 hours without a break. They are entitled to a rest period of 30 minutes for every 5 hours of continuous work.
Relevant Acts
Factories Act, 1948: Specifies that if a worker exceeds 9 hours in a day or 48 hours in a week, they should receive overtime pay, which is twice their usual wage.
Minimum Wages Act, 1948: States that workers should receive overtime pay for every extra hour worked beyond their regular shift. This should be double their regular wage.
Exemptions and Other Considerations
Exemptions to work overtime can be granted, but restrictions apply, such as not exceeding 12 hours of daily working hours.
Overtime should generally not continue for more than 7 days at a stretch.
Some job roles, such as government workers, contractual workers, and freelancers, may have exceptions regarding overtime pay.
From India, New+Delhi
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