Executive employee overstay and compensation
2 years ago
Sir
Is there any law which compels company to pay compensation amount for doing or staying extra time for company purpose. In my compay though its PSU, overstaying for the company work purpose has become cultural part. Being executive means, do we need to stay as long as the work demands. I agree there are genuine requirements but management should not force people to stay overtime without proper tangible compensation mechanism. Any case which was substantiated by the court, which can be referred for requierement. If executive employee donot want to overstay after 8.00hr of time, will he be subjected to displinary proceedings. If so what is the way forward for the person who want to maintain work life balance.
Ayantika Mondal @ Prime Legal
Responded 2 years ago
A.Hi,
You have the option of getting in touch with your employer to query about this amicably. Or you can register a complaint at the office of the labour commissioner of your region. You may further query with any employment association as well.
If you find my answer helpful then kindly rate me.
You have the option of getting in touch with your employer to query about this amicably. Or you can register a complaint at the office of the labour commissioner of your region. You may further query with any employment association as well.
If you find my answer helpful then kindly rate me.
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A.Hi,
You can query it with your human resource management so as to avail the benefits of working overtime and deriving the corresponding pay. You may also complain before the labour commission so as to highlight your grievances.
If you find my answer helpful then kindly rate me.
You can query it with your human resource management so as to avail the benefits of working overtime and deriving the corresponding pay. You may also complain before the labour commission so as to highlight your grievances.
If you find my answer helpful then kindly rate me.
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A.Okay I shall provide you the laws related to working hours and overtime for some of the industries and for your sector or industry you have to either choose one or you need to meet your Staff Association Secretary and ask for a copy of the resolution on this matter to find out what have they decided with the management on working hours and overtime as all the PSU have this fixed.
Factories Act, 1948
Under Sec. 59 it is mentioned that where a worker works in a factory 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.
Mines Act, 1952
Under Sec. 28 to 30 of the Act it is mentioned that no person employed in a mine shall be required or allowed to work in the mine for more than 10 hours in any day inclusive of overtime.
Minimum Wages Act, 1948
Under Sec. 33 it is mentioned that for overtime wages are to be paid at the rate of twice the ordinary rates of wages of the worker. It mentions that the employer can take actual work on any day upto 9 hours in a 12 hours shift. But 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.
Sec. 14 of the Act mentions that any worker whose minimum rate of wages are fixed with wage period of time, such as by hour, by the day or by any such period and if a worker works more than that number of hours, it is considered to be overtime. In case if the number of hours constituting a normal working day exceeds the given limit, then the employer will have to pay him for every hour or for part of an hour for which he has worked in excess at the overtime rate.
Bidi and Cigar Workers (Conditions of Employment) Act, 1966
Under Sec. 17 & 18 of the Act relating to working hours, it is mentioned that the period of work including over time work should not exceed 10 hours in a day and 54 hours in a week.
Contract Labour (Regulation & Abolition) Act, 1970
As per Rule 79 of the Act, it is compulsory for every contractor to maintain a Register of Overtime in Form XXIII which will contain all details relating to overtime calculation, hours of extra work, name of employee, etc.
Building and Other Construction Workers (Regulation of Employment Service) Act, 1996
Under Section 28 & 29 of the Act, it is mentioned that worker who is working overtime will be paid Overtime wages at the rate of twice the ordinary rate of wages.
Working Journalist (Conditions of Service) and Miscellaneous Provisions Act, 1955
As per Rule 10 of the Act, it is mentioned that a working journalist who works for more than 6 hours on any day in day shift and more than 5½ hours in night shift shall be compensated with rest hours equal to hours for which he/she has worked overtime.
Plantation Labour Act, 1951
As per section 19 of the Act where an adult worker works in any plantation on any day in excess of the number of hours constituting a normal working day or for more than 48 hours in any week, he/she shall, in respect of such overtime work, be entitled to twice the rates of ordinary wages. Provided that no such worker shall be allowed to work for more than 9 hours on any day and more than 54 hours in any week.
Factories Act, 1948
Under Sec. 59 it is mentioned that where a worker works in a factory 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.
Mines Act, 1952
Under Sec. 28 to 30 of the Act it is mentioned that no person employed in a mine shall be required or allowed to work in the mine for more than 10 hours in any day inclusive of overtime.
Minimum Wages Act, 1948
Under Sec. 33 it is mentioned that for overtime wages are to be paid at the rate of twice the ordinary rates of wages of the worker. It mentions that the employer can take actual work on any day upto 9 hours in a 12 hours shift. But 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.
Sec. 14 of the Act mentions that any worker whose minimum rate of wages are fixed with wage period of time, such as by hour, by the day or by any such period and if a worker works more than that number of hours, it is considered to be overtime. In case if the number of hours constituting a normal working day exceeds the given limit, then the employer will have to pay him for every hour or for part of an hour for which he has worked in excess at the overtime rate.
Bidi and Cigar Workers (Conditions of Employment) Act, 1966
Under Sec. 17 & 18 of the Act relating to working hours, it is mentioned that the period of work including over time work should not exceed 10 hours in a day and 54 hours in a week.
Contract Labour (Regulation & Abolition) Act, 1970
As per Rule 79 of the Act, it is compulsory for every contractor to maintain a Register of Overtime in Form XXIII which will contain all details relating to overtime calculation, hours of extra work, name of employee, etc.
Building and Other Construction Workers (Regulation of Employment Service) Act, 1996
Under Section 28 & 29 of the Act, it is mentioned that worker who is working overtime will be paid Overtime wages at the rate of twice the ordinary rate of wages.
Working Journalist (Conditions of Service) and Miscellaneous Provisions Act, 1955
As per Rule 10 of the Act, it is mentioned that a working journalist who works for more than 6 hours on any day in day shift and more than 5½ hours in night shift shall be compensated with rest hours equal to hours for which he/she has worked overtime.
Plantation Labour Act, 1951
As per section 19 of the Act where an adult worker works in any plantation on any day in excess of the number of hours constituting a normal working day or for more than 48 hours in any week, he/she shall, in respect of such overtime work, be entitled to twice the rates of ordinary wages. Provided that no such worker shall be allowed to work for more than 9 hours on any day and more than 54 hours in any week.
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A.Dear Sir,
Such things being happening in every public service if you are not comfortable then quit the job. If you make issues then false departmental inquiry may be initiated against you. Be aware of consequences.
Such things being happening in every public service if you are not comfortable then quit the job. If you make issues then false departmental inquiry may be initiated against you. Be aware of consequences.
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