Pay recovery from an employer

Dear Client,
Your query lacks information. It is not clear from the query whether you are working in a factory or a commercial establishment. Although calculation and payment of OT wages are almost the same, i.e, @ twice the ordinary rate of wages for work exceeding the prescribed daily or weekly limits. These limits typically involve exceeding 9 hours a day or 48 hours a week for factories, while Shops and Establishments Acts vary by state but also have similar overtime provisions. According to Section 59 of the Factories Act, 1948, workers in factories are entitled to overtime pay at twice their ordinary rate of wages for work exceeding 9 hours a day or 48 hours a week that include basic wages and applicable allowances, but not bonus. Sections 55 and 56 of the Factories Act provide hours for interval for rest and spread over period. Each state has its own Shops and Establishments Act, which also regulates overtime almost in the same way. Where an employee works in any commercial establishment for more than nine hours in any day or for more than forty-eight hours in any week he shall in respect of such overtime work be entitled to wages at twice the rate of normal wages. The “normal wages” means the basic wages plus such allowances, including the cash equivalent of the advantage accruing through the concessional sale to workers of food grains and other articles, as the worker is for the time being entitled to, but does not include a bonus. There are provisions for time of interval for rest and states that the periods of work of an employee in an establishment each day shall be so fixed that no period shall exceed five hours and that no such person shall work for more than five hours before he has had an interval of rest of at least one hour and the Act also provides spread over hours of work in an establishment and states that the periods of work of an employee in an establishment shall be so fixed that, inclusive of his interval for rest, they shall not spread over more than twelve hours in any day. Overtime is an additional payment for working beyond the regular or normal working hours. Every employer is required to maintain a register of attendance for overtime that lays down the details of the employees who work beyond working hours and the amount of remuneration to be paid if any following the provisions of governing law applicable to each establishments. Therefore, working in normal or schedule working hours is distinctly different from the working in overtime hours and governed by the terms of employment and HR policy of the each organisation and on breach of any conditions of said HR Policy, the employer can initiate disciplinary or penal action against the employee including deduction of wages from OT wages payable. However, for any discrepancy or dispute arising out of penal action of the employer may be addressed approaching the competent authority appointed under the governing law, i. e, Chief Inspector of Factories under the Factories Act and Chief Inspector under the state-specific shops and establishment act or the Labour Enforcement Officer(LEO) appointed under the Payment of Wages Act, 1936. If required, consult with an Advocate specializing in labour and employment laws to understand your rights and remedies to navigate the issue effectively.