Overtime working laws of an employee in India
Overtime can be described as the extra i.e. time which is in addition to one’s regular working hours which, in India, is eight to nine hours per day and forty eight to fifty hours per week, depending upon the organisation in which one is employed. The person who works overtime is entitled to reimbursement by the organisation and such reimbursement must be double the actual wages of the person.
The Laws that govern and regulate the system of overtime in India are:
- The Factories Act, 1948
The Section 59 of this Act provides for the maximum number of hours for which a person can be made to work in a factory i.e. 48 hours a week. In case a person works for more time due to some unforeseeable circumstances he must be entitled to receive almost double his regular salary/wages from the establishment in which the person is working.
- The Mines Act,152
Section 28 to 30 of the Act prescribes the time of working in the mines to be restricted to 10 hours a day inclusive of any overtime.
- The Minimum Wages Act,1948
Section 14 of this Act states that once a person is paid in full for his services in the establishment, he must be paid extra for overtime that he has done as and when required.
The Act also provides that the employer can take actual work on any day up to 9 hours in a 12 hours shift. However, in such a situation he must pay double the rates for any hour or part of an hour of actual work in excess of nine hours or for more than 48 hours in any week.
- The Contract Labour( Regulation and Abolition) Act,1970
The Rule 79 of this Act gives the direction for maintenance of register containing the name of the employee, no of overtime calculations of wages and extra time worked, etc.
- The Building and Construction(Regulation and Employment Service) Act, 1996
The Section 28 and 29 of the Act specifies that the employees must be paid double their amount of wages as a remuneration for the overtime done by them.
- Bidi and Cigar Workers(Conditions of Employment) Act, 1966
According to Section 17 and 18 of the Act no person should be mad to work in a factory for more than 10 hours daily and 54 hours in a week including the overtime.
- Plantation Labour Act,1951
The Section 19 of this act specifies that if an adult worker should be made to work for more hours on any normal or than 48 hours a week, he must be remunerated with double the regular wages.
Moreover, the Act also provides a strict condition on hours of working of a person i.e. he must not be made to work for more than 9 hours on a day and 54 hours in a week.
- Working Journalist (Conditions of Service) and Miscellaneous Provisions Act, 1955
According to the provisions of this Act if a journalist works for more than 6 hours in morning shift or more than 51/2 hours at night, he shall be compensated with rest hours equal to hours for which he/she has worked overtime.
According to the laws, a person in India cannot be forced to work overtime, it is at the discretion of an individual to do overtime or not. However, an employer can ask the employee to do overtime in certain cases which requires the later to do so in the benefit of the establishment. It is an obligation of the employer to pay or reimburse every employee for every extra hour that he has invested in the establishment.
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