Dear MsTrupti kanekar
Please indicate the law applicable to the establishment. Is it the Factories Act or the Shops and Establishments Act. Are there any breaks in between 9-30 a.m. to 6-30 p.m. Then only your issue could be answered.
With regards
From India, Madras
169Please indicate the law applicable to the establishment. Is it the Factories Act or the Shops and Establishments Act. Are there any breaks in between 9-30 a.m. to 6-30 p.m. Then only your issue could be answered.
With regards
From India, Madras
Dear V.Harikrishnan, It is a automobile showroom.With 31 employees working in it.And In time is 9:30am out time:6:30pm .break from 1pm to 1:30pm. Factories act is applicable for it . Regards Trupti
From India, Bangalore
From India, Bangalore
It seems i wrote Sec 53 when i meant to write sec 52.
Otherwise, i think we both said the same thing.
If he has worked more than 48 hours in the week, he is entitled to overtime irrespective of comp off. And he is entitled to comp off irrespective of OT given.
The week counts from the day after the weekly off. So if he has taken comp off before the weekly off, then he does not (generally) get OT but he gets it if he has taken comp off after the weekly off.
From India, Mumbai
Otherwise, i think we both said the same thing.
If he has worked more than 48 hours in the week, he is entitled to overtime irrespective of comp off. And he is entitled to comp off irrespective of OT given.
The week counts from the day after the weekly off. So if he has taken comp off before the weekly off, then he does not (generally) get OT but he gets it if he has taken comp off after the weekly off.
From India, Mumbai
Dear Ms Trupti Kanekar
The maximum hours of work during which a worker can be required to be inside a factory including the liunch and/or tea break(spread over) is ten and a half hours(section 56 of the Factories Act). In your case you are required to work from 9-30a.m. to 6-30 p.m. with a break of half an hour for lunch. In your case the total time you are required to be inside the factory(spread over) is only nine hours and the hours worked is eight and half hours. This is well within the provisions of section 54 of the Factories Act. If your work beyond the eight and half hours you are entitled for overtime. In the case of your company instead of giving overtime they are giving off. This is not strict compliance with the Factories Act. If Sunday is the weekly holiday, it is sufficient if a compensatory off is given. No overtime for working on a weekly holiday if the worker is allowed to avail the weekly holiday on any one of the three days preceding or succeeding the weekly holiday.
With regards
From India, Madras
The maximum hours of work during which a worker can be required to be inside a factory including the liunch and/or tea break(spread over) is ten and a half hours(section 56 of the Factories Act). In your case you are required to work from 9-30a.m. to 6-30 p.m. with a break of half an hour for lunch. In your case the total time you are required to be inside the factory(spread over) is only nine hours and the hours worked is eight and half hours. This is well within the provisions of section 54 of the Factories Act. If your work beyond the eight and half hours you are entitled for overtime. In the case of your company instead of giving overtime they are giving off. This is not strict compliance with the Factories Act. If Sunday is the weekly holiday, it is sufficient if a compensatory off is given. No overtime for working on a weekly holiday if the worker is allowed to avail the weekly holiday on any one of the three days preceding or succeeding the weekly holiday.
With regards
From India, Madras
Dear Saswatha Banerjee
Please read section 52 of the Factories Act. It does not talk about "compensatory holiday or compensatory off". It talks about "weekly holiday". I made an error in using the term "compensatory off" instead of using the term "holiday" in my previous posts in this thread. What section 53 contemplates is not a weekly holiday. It contemplates a situation when the Government or the Inspector of Factories passes an order exempting a factory or a worker employed in it from the provisions of section 52. The substituted holiday contemplated by section 52(1)(a) is a situation when an employer requires a worker to work on his weekly holday. Both 52 and 53 are different. A substituted holiday contemplated by section 52(1)(a) is different from the compensatory holiday contemplated by section 53. Both are not the same. My views on this subject is not the same as yours as expressed in your posts.
From India, Madras
Please read section 52 of the Factories Act. It does not talk about "compensatory holiday or compensatory off". It talks about "weekly holiday". I made an error in using the term "compensatory off" instead of using the term "holiday" in my previous posts in this thread. What section 53 contemplates is not a weekly holiday. It contemplates a situation when the Government or the Inspector of Factories passes an order exempting a factory or a worker employed in it from the provisions of section 52. The substituted holiday contemplated by section 52(1)(a) is a situation when an employer requires a worker to work on his weekly holday. Both 52 and 53 are different. A substituted holiday contemplated by section 52(1)(a) is different from the compensatory holiday contemplated by section 53. Both are not the same. My views on this subject is not the same as yours as expressed in your posts.
From India, Madras
Dear Seniors,
i want some clarification on OT payments under factory act:
1. is it mandatory that OT is payable on Gross with all allowances like Cony Allow, CCA, Washing Allow etc.
2. is it mandatory that OT is payable double on gross
3. If OT is paid double on gross then is it mandatory to pay night allow also.
pl guide.
regards,
Swarnalata
From India, New Delhi
i want some clarification on OT payments under factory act:
1. is it mandatory that OT is payable on Gross with all allowances like Cony Allow, CCA, Washing Allow etc.
2. is it mandatory that OT is payable double on gross
3. If OT is paid double on gross then is it mandatory to pay night allow also.
pl guide.
regards,
Swarnalata
From India, New Delhi
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PAYMENT OF WAGES ACT 2009.doc