Friend ,
As per the Factories Act 1948, a employee cannot work for more than 48 hours in a week and not more than 9 hours in a day.
According to Section 51 of the Act, the spread over should not exceed 10-1/2 hours.The limit of overtime work is 50 hrs in a
quarter (3 Months), it can be extended upto 72 hrs (maximum) in a quarter after getting approval from Labour Deptt.
Hope, this information helps you.
Warm regards,
Sourav Mukherjee
From India, Bangalore
27As per the Factories Act 1948, a employee cannot work for more than 48 hours in a week and not more than 9 hours in a day.
According to Section 51 of the Act, the spread over should not exceed 10-1/2 hours.The limit of overtime work is 50 hrs in a
quarter (3 Months), it can be extended upto 72 hrs (maximum) in a quarter after getting approval from Labour Deptt.
Hope, this information helps you.
Warm regards,
Sourav Mukherjee
From India, Bangalore
While agreeing with learned member Mr.Verghese Mathew that O.T is prohibited under Factories Act in terms of sec.51 read with sec.54, I am of the view that the prohibition is not absolute for teh following reasons :
1) while Sec.51 read with Sec.54 prohibit a worker from working more than 9 hours a day or 48 hours per week, Sec.59 visualizes a situation where a workman may have been asked to work beyond these limits. If so, the sec 59 entitles him to O.T as the rates specified in Sec.59 this section stands on it's own. Therefore I am finding it difficult to extract any intention from it that permission granted under the section to make workers work beyond the stipulated hours of work per day/ per week on O.T being paid to them, is available only to those exempted under Sec.64 & 65. if a worker who is not exempted under 64 & 65 is covered by the prohibition under Sec.51 & 54, then he is equally covered by the permission under Sec.59 of the Act. He needs only to be provided with O.T slip, if so provided under state rules.
B.Saikumar
From India, Mumbai
1) while Sec.51 read with Sec.54 prohibit a worker from working more than 9 hours a day or 48 hours per week, Sec.59 visualizes a situation where a workman may have been asked to work beyond these limits. If so, the sec 59 entitles him to O.T as the rates specified in Sec.59 this section stands on it's own. Therefore I am finding it difficult to extract any intention from it that permission granted under the section to make workers work beyond the stipulated hours of work per day/ per week on O.T being paid to them, is available only to those exempted under Sec.64 & 65. if a worker who is not exempted under 64 & 65 is covered by the prohibition under Sec.51 & 54, then he is equally covered by the permission under Sec.59 of the Act. He needs only to be provided with O.T slip, if so provided under state rules.
B.Saikumar
From India, Mumbai
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