Dear Mr. Rajeev,
Please find attached abstract of Factory Act.1948.
1) Per day hours of work it is excluding lunch time. if Normal Working time is 9:00 am to 17:30 in your organization that is Total 8 ½ Hrs , it means time of commencement of work 9:00 am, Rest Period 13:30 pm to 14:00 pm and Time of Completion of work 17:30 pm.
Note: 13:30pm to 14:00 pm ½ hrs is Rest Period is include Total hrs that means Working Time is 8 ½ - ½ =8 Hrs.
Thanks,
Regards,
J.N.Modi
From India, New Delhi
17Please find attached abstract of Factory Act.1948.
1) Per day hours of work it is excluding lunch time. if Normal Working time is 9:00 am to 17:30 in your organization that is Total 8 ½ Hrs , it means time of commencement of work 9:00 am, Rest Period 13:30 pm to 14:00 pm and Time of Completion of work 17:30 pm.
Note: 13:30pm to 14:00 pm ½ hrs is Rest Period is include Total hrs that means Working Time is 8 ½ - ½ =8 Hrs.
Thanks,
Regards,
J.N.Modi
From India, New Delhi
Hi
I was also talking in reference to the factories act.
Sec 53 (Comp Off) and Sec 59 (Overtime)
Sec 59 says "Where a worker in a factory work for more than 9 hours in any day or for more than 48 hours in any week, he shall, in respect of overtime work, be entitled to wages at twice of his ordinary rate of wages"
Nowhere in the section there is any reference to an exception for any thing. Therefore, he is entitled to overtime irrespective of whether he gets compensatory off.
Similarly, in Sec 53, there is no mention of not getting compensatory off in case he gets over time wages. Therefore both sections operate independent of each other and both apply to this case.
I can only guess that when making this act the government wanted to discourage exploitation and fatigue in workers by making them work on holidays and therefore put this clause.
Many of my clients follow this rule and pay both overtime and compensatory off for work done on weekly off. I can not disclose names on account of confidentiality issues. In many of the cases, they have started paying this after we showed them the provisions of the act.
If you have alternate explanation, I will be happy to tell my clients that they can avoid double benefit to the workers. We all will be very happy :-)
Regards
Saswata
From India, Mumbai
I was also talking in reference to the factories act.
Sec 53 (Comp Off) and Sec 59 (Overtime)
Sec 59 says "Where a worker in a factory work for more than 9 hours in any day or for more than 48 hours in any week, he shall, in respect of overtime work, be entitled to wages at twice of his ordinary rate of wages"
Nowhere in the section there is any reference to an exception for any thing. Therefore, he is entitled to overtime irrespective of whether he gets compensatory off.
Similarly, in Sec 53, there is no mention of not getting compensatory off in case he gets over time wages. Therefore both sections operate independent of each other and both apply to this case.
I can only guess that when making this act the government wanted to discourage exploitation and fatigue in workers by making them work on holidays and therefore put this clause.
Many of my clients follow this rule and pay both overtime and compensatory off for work done on weekly off. I can not disclose names on account of confidentiality issues. In many of the cases, they have started paying this after we showed them the provisions of the act.
If you have alternate explanation, I will be happy to tell my clients that they can avoid double benefit to the workers. We all will be very happy :-)
Regards
Saswata
From India, Mumbai
Dear Saswata Banerjee
The basic section is section 52 of the Factories Act. Section 53 comes into play only if an exemption is granted to a factory from the provisions of section 52 of the Factories Act. If there is no such exemption section 52 is applicable. The discussion in this thread is not about what happens when an exemption is granted under section 53 but as to when a worker is entitiled to get overtime wages. It is correct that a worker has to be paid overtime if he works for more than nine hours per day and 48 hours per week. While calculating the weekly hours worked by a worker, one has to first know when a "week" for a worker begins and when the "week" ends for him. Then only the hours worked in a week can be calculated. For this purpose section 52 is vital. If a worker avails a compensatory off within three days after his weekly off , definitely he would work for 48 hours or less in that week and will not be entitled to overtime. In case a worker works on his weekly off and avails his compensatory off for such working within three days preceding the weekly off day in which he worked the hours worked in that week have to be calculated according to the provisions of section 52(3) of the Factories Act. Section 53 comes into play only if there is an ORDER or RULE EXEMPTING THE FACTORY FROM SECTION 52 OF THE FACTORIES ACT AND NOT IN ALL CASES WHERE COMPENSATORY OFF IS AVAILED. Becasue of section 52(3) when a worker works on a weekly holiday and is given compensatory off on any one of the three days either preceding or succeeding the weekly off day on which he worked, the need to pay overtime for that week will not definitely arise.
Witih regards
From India, Madras
The basic section is section 52 of the Factories Act. Section 53 comes into play only if an exemption is granted to a factory from the provisions of section 52 of the Factories Act. If there is no such exemption section 52 is applicable. The discussion in this thread is not about what happens when an exemption is granted under section 53 but as to when a worker is entitiled to get overtime wages. It is correct that a worker has to be paid overtime if he works for more than nine hours per day and 48 hours per week. While calculating the weekly hours worked by a worker, one has to first know when a "week" for a worker begins and when the "week" ends for him. Then only the hours worked in a week can be calculated. For this purpose section 52 is vital. If a worker avails a compensatory off within three days after his weekly off , definitely he would work for 48 hours or less in that week and will not be entitled to overtime. In case a worker works on his weekly off and avails his compensatory off for such working within three days preceding the weekly off day in which he worked the hours worked in that week have to be calculated according to the provisions of section 52(3) of the Factories Act. Section 53 comes into play only if there is an ORDER or RULE EXEMPTING THE FACTORY FROM SECTION 52 OF THE FACTORIES ACT AND NOT IN ALL CASES WHERE COMPENSATORY OFF IS AVAILED. Becasue of section 52(3) when a worker works on a weekly holiday and is given compensatory off on any one of the three days either preceding or succeeding the weekly off day on which he worked, the need to pay overtime for that week will not definitely arise.
Witih regards
From India, Madras
Hi
Can anybody let me know what are the statutory registers and Statutory display to be maintained according to shop and establishment act in the following regions
Karnataka
Kolkata
delhi
Bhubaneswar
ahmedabad
mumbai
hyderabad
pune
It would be great help to me
Thanks & regards
subha
From India, Bangalore
Can anybody let me know what are the statutory registers and Statutory display to be maintained according to shop and establishment act in the following regions
Karnataka
Kolkata
delhi
Bhubaneswar
ahmedabad
mumbai
hyderabad
pune
It would be great help to me
Thanks & regards
subha
From India, Bangalore
Dear Mr.Lalit
The issue raised by you is a bit complicated. First of all as a subsidiary of a nationalised bank it has to be determined which law governs your working conditions like daily and weekly hours of work, overtime and the rate of payment of overtime etc. I am from Tamilnadu. Earlier it was thought that the Tamilnadu Shops and Establishments Act would apply to nationalised banks also in Tamilnadu. Subsquently it has been held by the Supreme Court based on certain provisions of the Tamilnadu Shops and Establishments Act that this Act is not applicable to NATIONALISED BANKS. However private sector banks are governed by the provisions of the Tamilnadu Shops and Establishments Act. I do not know in which State the subsidiary of the nationalised bank referred to by you is situate. If it is in Tamilnadu I will attempt an answer. If it is in other States, it will not be possible for me to answer your query without referring to the Shops and Establishments Act in force in that State. I do not have copies of the Shops and Establishments Act in force in other States.
With regards
From India, Madras
The issue raised by you is a bit complicated. First of all as a subsidiary of a nationalised bank it has to be determined which law governs your working conditions like daily and weekly hours of work, overtime and the rate of payment of overtime etc. I am from Tamilnadu. Earlier it was thought that the Tamilnadu Shops and Establishments Act would apply to nationalised banks also in Tamilnadu. Subsquently it has been held by the Supreme Court based on certain provisions of the Tamilnadu Shops and Establishments Act that this Act is not applicable to NATIONALISED BANKS. However private sector banks are governed by the provisions of the Tamilnadu Shops and Establishments Act. I do not know in which State the subsidiary of the nationalised bank referred to by you is situate. If it is in Tamilnadu I will attempt an answer. If it is in other States, it will not be possible for me to answer your query without referring to the Shops and Establishments Act in force in that State. I do not have copies of the Shops and Establishments Act in force in other States.
With regards
From India, Madras
Hello Sir,
I am Having one doubt regarding payament of wages,ESI,PF ...
In a factory (manufacturing,Pharm) ,How do we calcuate ESI,PF and all..
Now I am working In New Consultancy as an HR ..
How Can I give the sal and If an Employee takes an leave How can I deduct and all the rules...
Can you give me Suggestions because I am New commer..
In Software Sector ,How did they will give sal to the Employess..
I need a brief note...
Please Help on this Issue..
Thanks&Regards,
Vishnu Priya kanakala
From India, Visakhapatnam
I am Having one doubt regarding payament of wages,ESI,PF ...
In a factory (manufacturing,Pharm) ,How do we calcuate ESI,PF and all..
Now I am working In New Consultancy as an HR ..
How Can I give the sal and If an Employee takes an leave How can I deduct and all the rules...
Can you give me Suggestions because I am New commer..
In Software Sector ,How did they will give sal to the Employess..
I need a brief note...
Please Help on this Issue..
Thanks&Regards,
Vishnu Priya kanakala
From India, Visakhapatnam
Dear All,
Greetings for the day!
What if in an organization employees work for 9 hours a day from 9:30am to 6:30pm from Monday to Saturday.OT structure is such that if a employee works till 10pm and beyond then he or she gets one full day extra.If the employee finishes work before that he will not get any over time.
Also if employee works on Sunday (holiday) he will get one day extra.No compensatory off.Employees are aware of this OT structure and they have no problem with it.
I want to know if it is advisable to continue this OT structure.
Thanking you all in anticipation!
Regards
Trupti
From India, Bangalore
Greetings for the day!
What if in an organization employees work for 9 hours a day from 9:30am to 6:30pm from Monday to Saturday.OT structure is such that if a employee works till 10pm and beyond then he or she gets one full day extra.If the employee finishes work before that he will not get any over time.
Also if employee works on Sunday (holiday) he will get one day extra.No compensatory off.Employees are aware of this OT structure and they have no problem with it.
I want to know if it is advisable to continue this OT structure.
Thanking you all in anticipation!
Regards
Trupti
From India, Bangalore
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PAYMENT OF WAGES ACT 2009.doc