Dear All,
Will anybody guide me in finding of Judgement/Amendment for payment of overtime wages.
Previously it was twice the basic wage, but now I got to know, payment of overtime is to be made on gross salary.
Regards,
Shahu
From India, Mumbai
1Will anybody guide me in finding of Judgement/Amendment for payment of overtime wages.
Previously it was twice the basic wage, but now I got to know, payment of overtime is to be made on gross salary.
Regards,
Shahu
From India, Mumbai
Dear Mr.Sahu The rate of overtime is specified in the Labour Law applicable to the establishment and no general rule for the payment of overtime is available With regards
From India, Madras
From India, Madras
Thank you Mr. V.Harikrishnan.
Sir,Iam working with Engineering Industry, where we are paying Twice the PF Base for overtime wages.
But there was recent judgement on Payment of Overtime Wages, i.e. Overtime wages should be paid twice on the total Gross Salary of one day, the same Iam not getting.
Regards,
Shahu
From India, Mumbai
Sir,Iam working with Engineering Industry, where we are paying Twice the PF Base for overtime wages.
But there was recent judgement on Payment of Overtime Wages, i.e. Overtime wages should be paid twice on the total Gross Salary of one day, the same Iam not getting.
Regards,
Shahu
From India, Mumbai
Dear All
Where a worker works in a factory for more than nine hours in any day or for more than forty-eight hours in any week, he shall, in respect of overtime work, be entitled to wages at the rate of twice his ordinary rate of wages.
1(2) For the purposes of sub-section (1), "ordinary rate of wages" means the basic wages plus such allowances, including the cash equivalent of the advantage accruing through the concessional sale to workers of foodgrains and other articles, as the worker is for the time being entitled to, but does not include a bonus and wages for overtime work.
(3) Where any workers in a factory are paid on a piece-rate basis, the time rate shall be deemed to be equivalent to the daily average of their full-time earnings for the days on which they actually worked on the same or identical job during the month immediately preceding the calendar month during which the overtime work was done, and such time rates shall be deemed to be the ordinary rates of wages of those workers :
for more information kindly check Factory Act 1948 Sec.59
Regards,
J.N.Modi
From India, New Delhi
Where a worker works in a factory for more than nine hours in any day or for more than forty-eight hours in any week, he shall, in respect of overtime work, be entitled to wages at the rate of twice his ordinary rate of wages.
1(2) For the purposes of sub-section (1), "ordinary rate of wages" means the basic wages plus such allowances, including the cash equivalent of the advantage accruing through the concessional sale to workers of foodgrains and other articles, as the worker is for the time being entitled to, but does not include a bonus and wages for overtime work.
(3) Where any workers in a factory are paid on a piece-rate basis, the time rate shall be deemed to be equivalent to the daily average of their full-time earnings for the days on which they actually worked on the same or identical job during the month immediately preceding the calendar month during which the overtime work was done, and such time rates shall be deemed to be the ordinary rates of wages of those workers :
for more information kindly check Factory Act 1948 Sec.59
Regards,
J.N.Modi
From India, New Delhi
Dear Mr. Sahu
Mr. Modi has given the extract of the Factories Act applicable in your case as you are employed in an engineering industry. The cash equivalent of the advantages accruingnthrough the concessional sale to workers of foodgraisn or other articles will arise only if the employer is supplying foodgrains and other articles at a concessional rate. The subsidised food if any supplied in the canteen is not a food grain or other article. Your OT has to be calculated on the total of the basic and other allowances (i.e.gross salary).
With regards
From India, Madras
Mr. Modi has given the extract of the Factories Act applicable in your case as you are employed in an engineering industry. The cash equivalent of the advantages accruingnthrough the concessional sale to workers of foodgraisn or other articles will arise only if the employer is supplying foodgrains and other articles at a concessional rate. The subsidised food if any supplied in the canteen is not a food grain or other article. Your OT has to be calculated on the total of the basic and other allowances (i.e.gross salary).
With regards
From India, Madras
My special request to Mr.V. Harikrishnan & Mr. Modi for guidance..others are welcome too.
In case of a company which is engaged in financial Service Sector, and a 100% subsidiary of natonalized Bank and having head office located at mumbai..having more than 100 staffs
1. whether overtime is allowed to staffs for working beyond the secified hrs
2. whether managerial personnel are also covered or there is any limitation on scope of applicability of OT
3.whether calling on sundays, national holidays constitute OT, if not, any provision which restricts or prescribed compensation for this
4. what if the orgn denies OT and allows out of pocket expenses which is one forth of av. daily wage payable.
suggessions soliciated with case laws and rference to relevant sections plz.
rgds,
LALIT
From India, Mumbai
In case of a company which is engaged in financial Service Sector, and a 100% subsidiary of natonalized Bank and having head office located at mumbai..having more than 100 staffs
1. whether overtime is allowed to staffs for working beyond the secified hrs
2. whether managerial personnel are also covered or there is any limitation on scope of applicability of OT
3.whether calling on sundays, national holidays constitute OT, if not, any provision which restricts or prescribed compensation for this
4. what if the orgn denies OT and allows out of pocket expenses which is one forth of av. daily wage payable.
suggessions soliciated with case laws and rference to relevant sections plz.
rgds,
LALIT
From India, Mumbai
Dear Mr.Lalit
The wages allowances, overtime and the rate of payment of overtime in respect of nationalized banks are governed to a large extent by the settlements/agreements entered into between the various unions/associations representing employees governed by the provisions of the Industrial Disputes Act and also officers who are not governed by the provisions of the Industrial Disputes Act. These settlements MAY PROVIDE that those settlements would be applicable to the subsidiaries of the concerned nationalized bank. In the case cited by you, please ascertain and furnish this information. This information is necessary to formulate a view on the query raised by you.
With regards
From India, Madras
The wages allowances, overtime and the rate of payment of overtime in respect of nationalized banks are governed to a large extent by the settlements/agreements entered into between the various unions/associations representing employees governed by the provisions of the Industrial Disputes Act and also officers who are not governed by the provisions of the Industrial Disputes Act. These settlements MAY PROVIDE that those settlements would be applicable to the subsidiaries of the concerned nationalized bank. In the case cited by you, please ascertain and furnish this information. This information is necessary to formulate a view on the query raised by you.
With regards
From India, Madras
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PAYMENT OF WAGES ACT 2009.doc