• Overtime Work

My company makes its employees work overtime daily without additional pay. Somedays, overtime extends by 7-8 hrs deep into midnight. The team had communicated this to the senior management but no action has been taken. The company is based in Pune. As per the labor laws, what are my options here?

Thank you.
Asked 1 year ago in Labour

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12 Answers

Minimum Wages Act enforcing payment of overtime wages for extra work is applicable to industries mentioned in Part I and Part II of the Schedule to the Act. Unless it is known in which industry you work. If your employment in such industries, you can file a case in the Court labour Commissioner against employer. Commissioner will direct the employer for payment of overtime wages which are double than normal wages. 

Ravi Shinde
Advocate, Hyderabad
4081 Answers
42 Consultations

5.0 on 5.0

Being employee you are entitled for overtime pay. Report the matter to labour commissioner. 

Siddharth Srivastava
Advocate, Delhi
1280 Answers

5.0 on 5.0

The below mentioned are PROVISIONS FOR OVERTIME

1) Provisions under the Minimum Wages Act, 1948:

 

Section 14: Minimum rate of pay is determined 'by the hour, by the day, or by any such period', and' is regarded to have worked overtime if they put in more time than that.

If employees work longer than the set hours, they are entitled to overtime pay for those extra hours or portions of those hours.

The Overtime pay rate may be fixed by the appropriate government.

Any employee who works on a rest day will also be entitled to wages on overtime rate

In case of Violation - Maximum punishment for infraction: six months in prison or a fine of Rs. 500

2) Provisions under the Factories Act, 1948:

 

Section 59: Overtime pay at a rate that is double that worker's regular rate of pay.

Violation: Sentence up to 'two years in prison, a fine up to one lakh rupees, or a combination of the two'. Further, in case of continuation, up to one thousand rupees for each day is perpetuated.

Section 51: A maximum of 9 hours a day is the daily limit whereas a maximum 48 hours a week is the weekly limit.

Section 55: A worker is not supposed to work for more than 5 hrs without a break.

Section 56: Working hours, including breaks, cannot exceed 10.5 hours.

Overtime limit: The maximum daily workday, including overtime, is 10 hours, or 60 hours per week. 50 hours of overtime cannot be worked in a quarter (3-month period).

3) Provisions under the Mines Act, 1952:

 

Working Hours: Nine hours above the ground and Eight hours below the ground, daily

Section 33: a maximum of five hours of continuous work

In the event that an employee is paid on a piece rate, the payment will be equivalent.

Section 35: The maximum number of hours worked per day, including overtime, is 10.

 

You could make an application under Minimum wages Act under the said provision and seek for payment of overtime charges along with Interest at 18% p.a. The employer could be sentenced to imprisonment. You could opt for a class-action suit, that is a situation where, the employees seeking similar reliefs are clubbed in a single case.

 

 

Sanmathi S. Rao
Advocate, Bengaluru
45 Answers

5.0 on 5.0

Hi, You have to give complaint before the labour commissioner for overtime work.

Pradeep Bharathipura
Advocate, Bangalore
5607 Answers
336 Consultations

4.5 on 5.0

You cannot be forced to work till midnight 

 

2) if inspite of complaints company is refusing to take action complain to labour commissioner against the company 

Ajay Sethi
Advocate, Mumbai
95373 Answers
7641 Consultations

5.0 on 5.0

The employees can protest about this exploitation. 

Section 51 and Section 59 of the Factories Act - 1948[2] states, “No employee is supposed to work for more than 48 hours in a week and 9 hours in a day. Any employee who works for more than this period is eligible for overtime remuneration prescribed as twice the amount of ordinary wages.”

At present, section 64 of the Act says OT hours “must not exceed 50 per quarter,” while section 65 allows for an additional 25 hours if there is excessive workload.

If the employer is not paying them overtime allowances as per law, then the employees can resort to legal action as per labor laws for recovery of the same.

T Kalaiselvan
Advocate, Vellore
85572 Answers
2253 Consultations

5.0 on 5.0

You can complain it to the competent officer under which your company fells. If it’s an industry then industrial disputes Act. Also you can complaint to the corporation under shop and establishment Act

Prashant Nayak
Advocate, Mumbai
32228 Answers
187 Consultations

4.1 on 5.0

No employee can be compelled to work overtime without due compensation for the labour output. Engage a competent labour lawyer and issue a notice to the management demanding adequate recompense. If the employer ignores the notice and continues with the unlawful act, agitate the matter before the Labour court, under the relevant provisions of various labour enactments.

Swaminathan Neelakantan
Advocate, Coimbatore
2848 Answers
20 Consultations

4.9 on 5.0

1.  If any employee is made to work for more than 48 hrs in a week, then the employees are entitled for overtime pay.

2.  Complain against the employer to the jurisdictional Assistant Labour Commissioner and request for his intervention in the matter and get relief.

Shashidhar S. Sastry
Advocate, Bangalore
5197 Answers
323 Consultations

5.0 on 5.0

- As per Section 51 and Section 59 of the Factories Act , No employee is supposed to work for more than 48 hours in a week and 9 hours in a day, and any employee who works for more than this period is eligible for overtime remuneration twice the amount of ordinary wages.

- Hence , he can issue a notice to the employer for the same , and even can refused to work for the overtime 

Mohammed Shahzad
Advocate, Delhi
13651 Answers
206 Consultations

5.0 on 5.0

In India, the labor laws that govern overtime work and payment are primarily outlined in the Factories Act, 1948, and the Shops and Establishments Acts of respective states. The specific provisions of these acts may vary from state to state.

 

Regarding overtime work, the law generally stipulates the following:

 

Maximum working hours: The law sets a limit on the number of hours an employee can work in a day and a week. For example, in Maharashtra, the maximum working hours for adult workers in a day are 9 hours, and the maximum working hours in a week are 48 hours.

 

Overtime wages: If an employee works beyond the prescribed working hours, they are entitled to overtime wages. The rate of overtime wages is typically higher than the regular hourly wage and may vary depending on the nature of work, whether it is on weekdays, weekends, or public holidays.

 

Written records: Employers are required to maintain written records of the working hours, including overtime, of their employees.

 

If your company is making employees work overtime without providing additional pay and not following the maximum working hour regulations, you may have a valid complaint. Here are some steps you can consider:

 

Document the overtime hours: Keep a record of the extra hours you are working, including the date, time, and duration.

 

Raise the issue internally: Bring the matter to the attention of your immediate supervisor or the HR department, preferably in writing. Explain the situation, express your concerns, and request proper adherence to labor laws.

 

Seek legal advice: If your internal communication does not result in a resolution, you may want to consult with a labor law attorney in Pune. They can assess the specifics of your case and provide advice on the appropriate legal steps you can take.

 

File a complaint: If your rights continue to be violated, you may consider filing a complaint with the relevant labor authorities, such as the local labor department or labor commissioner's office. They can investigate the matter and take appropriate action.

 

 

Anik Miu
Advocate, Bangalore
9318 Answers
111 Consultations

4.9 on 5.0

Employee works for more than 9 hours in any day or for more than 48 hours in any week, he/she shall, in respect of overtime work, be entitled to receive wages at the rate of twice his/her ordinary rate of wages.

Yogendra Singh Rajawat
Advocate, Jaipur
22761 Answers
31 Consultations

4.4 on 5.0

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