Law

Unfortunately, the aforementioned overtime rights that a worker can claim under India’s labour laws are unknown to many workers. Hence, their ignorance is utilized against them, and they miss chances to claim extra hours worked. Knowing about overtime provisions is important for both employers and employees. Let us discuss overtime, including these laws and procedures particularly for employees in private companies. Labour Laws and Overtime Regulations in IndiaLabour laws in India offer considerable protection to workers in terms of working hours and wages. Unfortunately, overtime rules are muddied for employees and employers alike, and endemically misinterpreted by most. Therefore, various other laws have emerged enjoining overtime pay upon employers.Central to the concept of overtime is the definition of regular working hours. Different labour legislation regulate the number of hours an employee is expected to work in a day in India. These laws enjoin a ceiling on the number of hours an employee is permitted to work without incurring overtime pay.Key Labour Laws Governing Overtime Policy in IndiaThere are several provisions that define hours of working or overtime policies in Indian labor laws:Factories Act, 1948:Section 51 of the Act prohibits the adults from working for more than 48 hours in a week.Section 54 states that working hours should not exceed 9 hours a day.The Minimum Wages Act, 1948:Section 13 provides the authority for Government to prescribe working hours applicable to industries. Therefore if an employee works beyond those working hours, he or she is entitled to overtime wages.Karnataka Shops and Commercial Establishments Act, 1961:This Act provides that total hours worked with overtime would not be exceeding 10 in one day. Thus on the 10th day of work, any work above 9 hours in a day gets entitled to receive overtime wages.Compensation for Overtime: Rights of EmployeesIf employees spend extra hours in the office after the regular working hours, they are entitled to overtime wages. The laws prescribe this payment for overtime:Factories Act, 1948:A worker who works for more than nine hours in a day or over 48 hours per week shall be deemed entitled to overtime pay according to Section 59, and the compensation should be calculated on double basis.Minimum Wages Act, 1948:Section 14 states that an employee shall be entitled to pay for overtime on a double-time basis for work done in excess of normal working hours.The Mines Act, 1952:With regard to overtime pay for employees working beyond normal working hours, similar provisions have been incorporated into the Mines Act.The Building and Other Construction Workers Act, 1996:This will also be specifically protective of construction workers who will be entitled to receive double wages for overtime under this Act.State Acts:Apart from the Shops and Establishments Act of India, individual states have their own statutory provisions like Karnataka and Maharashtra, these statutes would meet local requirements and usually be in sync with the general principles of overtime compensation.What is the Maximum Number of Hours That a Person May Legally Work in a Day?The standard hours of working are clearly mentioned under the Factories Act of 1948 and other labour laws in India. These stipulations state:An employee shall not work for more than nine hours in one day or forty-eight hours in a week.Beyond the specified hours, it is counted as overtime and the employer must pay it.For example, if the employee works for more than nine hours a day, the extra period must be paid at the double rate of the normal hourly wage. Moreover, an employee should be entitled to a minimum of one half hour of rest whenever his work is extended beyond five hours of their workday.Computation of Overtime PaymentsCalculating overtime pays goes two general ways:Per Hour: Overtime has been calculated by doubling the regular hourly wage whenever an employee works beyond the normal hours.Per Piece Rate: In some industries, like factories, the employee may then be paid on the basis of pieces of work completed while working overtime.Professor John Cottingham Key Aspects For Concern For Employers And Employees Overtime laws are very clear-cut. Yet, in private sectors, such a law is violated by employees who put in extra hours sometimes without the respective payment. This is especially common in banking-happened years back during India’s demonetization when all bank employees worked extra hours without an added pay.Employers must have a clear policy on overtime. The HR policy of the company should stipulate working hours, overtime provisions, and the process of applying for overtime to allow giving an effect to such policy. This policy should be compliant with the relevant Indian labour laws and should be communicated to all employees. Overtime should be voluntary for every employee and should be necessary because of some increase in workload or particular business necessity.Employers must also maintain accurate records of overtime work, properly documenting hours worked beyond the standard workday. This serves to avert disputes and promises correct calculations of overtime payments.Overtime and Night ShiftsNight shifts in many multinationals and BPOs are accepted practice in India. Although night shifts are not recognised strictly by Indian law, the process of calculation for overtime remains unchanged. Employees on night shifts are entitled to overtime payments whether they get this for the number of hours worked after the legally prescribed limits in actual night hours or in day hours.ConclusionThough laws are complimentary with provisions on overtime in India, these are not implemented effectively. Some employees may not know about their rights, and some employers may ignore them, perhaps out of ignorance or due to constraints of business. Therefore, both employees and employers need to take the initiative to learn and implement the laws about overtime so that no unnecessary dispute arises.The employers must have a very clear policy regarding overtime and educate their employees about their rights. This would ensure compliance with labour laws and develop a healthy and fair atmosphere at work. Employees with knowledge about their rights will be in a position to approach the proper legal forum at the right time to avoid exploitation and claim overtime dues.In the case of overtime

I am Rita, and I am a homemaker residing in a small yet beautiful apartment in a tier-2 city. My husband and I were blessed with a baby girl, and we were the happiest family imaginable. Life was simple but filled with joy. I spent my days having fun with my daughter capturing all those adorable moments, and would share videos with our family. It was an all-in-all complete world until we received some unforgettable news of something that turned our world upside down-in the best possible way. One afternoon, home to my husband gave very exciting news. Promotion was made for my husband at the place of work! The enthusiasm was contagious; we imagined our lives ahead so easily. We were leaving shortly to Gurugram where, as the company’s manager of the region, my husband would work. What exciting headway, and our future turned all bright in any terms.My husband’s company was very much supportive in this entire transition. They did really wonderful for finding us a beautiful new house in that area which had the most-rated schools, which was such a relief since my daughter would be soon starting her prep school. The new life felt to be in a course through which everything would eventually fall into place. My husband was excelling at work, and I was adjusting to the new life in our new home. Little did I know, though, that due to a minor oversight, I was soon going to be sent into a full-blown panic.The time had arrived for my daughter to enroll in prep-school, and we were elated to have the process initiate. The school was beyond anything I had envisioned, with scenic campuses, huge play areas, a recreation room, and a swimming pool where little children could learn swimming. 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With only a few days remaining before the commencement of classes, it seemed plausible that my daughter would not even be able to join her prep-school year without a birth certificate. The thought of her being deprived of an entire year of schooling due to one missing paper was truly agonizing.My husband, ever the fixer, immediately googled for solutions. A few searches later, he found a legal consultancy-myadvo. They had offered on their website of helping us in getting a new birth certificate at a petty fee and also provided a link through, which we could track our request for the certificate. Skeptical at first-who could take a few details from us and just voila! conjure an official birth certificate within a short time? Sounded too good to be true.But I was desperate, and with time running out, decided to dive in and contact MyAdvo. From then on, it was professionalism and attentiveness from them, right from the start. 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