Dear John Chiang,

We are glad know your chinese identity and see your comments on this forum, interestingly everyone of us was under impression that you are discussing overtime in the context of indian labour laws. All replies are focused on ovetime provisions under Indian labour Laws which is different from the global work culture and practices particularly Europe, North America,USA, Australia, China and Japan where total weekly working hours are 40 hours and people are paid overtime or compensatory off in lieu of overtime spend in the office/work place.

But in India we have different practice, of 48 mandatory weeekly working hours and anything above is paid overtime that is also subject to unionised employees (Non-Exempted employees according to Western practice)in the organised sector .

Otherwise in general employees from the staff or middle management who are not unionised employees (Exempted Employees according to western practices)are eligible for compensatory off similar to western concept.

We justify above case by quoting fortunate employees from organised sector working in PSU/MNC/PLC/IT companies who enjoy better working conditions with unionised workforce where more liberal HR practices are in place.Legally every thing is fine on recored books but in practice nothing exist, we find law exist enforcement machinary also exist to fill in the blank space but working class at large has no respite.

Other Side of the Story:

"The greatest discovery of the third world"

Majority of the Indian companies particularly medium scale and small scale Industries has larglest unorganised labour force in India and they are not unionised including booming infrastructure and construction industry.

Working hours in this sector where majority of work force engagements takes place has no maximum limit for weekly working hours and 48 hours working is interpreted as minimum weekly working hours being mandatory forced by the labour law and they are religiously enforced in every quarter right from small shops to corporates offices. But for maximum working there is no limit.

In such non-unionised sector and unorganised employment no law works. Working overtime withour remuneration is linked to the loyalty, integrity and hard work without any promise to reap benefits in future.
employees are has to forfeit his claim because if employee opt for legal recourse he will be shunted out very next day.

On an average Indian works for 10 hours a day and 60 hours a week. Average 12 hours including commuting and office attendance. This is subject of research in India what exactly Government has done to promote balance of working hours and social life.

Regards

Sawant

From Saudi Arabia
Dear Sawant, Thanks for enlighten me in this regard. Basically, I do learn a lot from this good web site and proud of member of CiteHR. Again, thank you for your writing. Best regards, John
From China, Shanghai
Dear All,
I want to know that Our Organization some tailors wages is Ten thousand Rupees then Ot will be applicable or not?
I want to know the Exempt Employee and Non emempt employee? pls explain.........Tailor ,checker,packer receiver and asst. supervisor is exempt employee
Thanks & Regards
Brijesh

From India, Gurgaon
Dear Sir,
I am working in a security service organization. We pay the wages to our guardforce as per the Minimum wage notification prevaling in the state. I have following queries:
1 If any guard performs overtime then can we pay him the double of the basic
( where basic is the 50% of his wage for 8hrs duty.)
2. If yes with what justification.
Please help with your valuable advice in this regard.
thanking you

From India, Moradabad
Dear All,
I am working in an engineering firm. I just want to confirm weather OT rate are fix for each month or variable as per no. of days in a month.
For example if anybody is earning Rs. 8000 per month & we have to calculate per hour Over time rate. so in the month of june(30 days). rate would be 33.33 & in the month of july(31 days) rate would be 32.25 (8000/31/8).
Pls help me to clarify the issues.
Thanks & Regards!!!
Aanchal

From India, Delhi
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