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What are provisions under the labour law for overtime in India?
Different laws provide different definition regarding the overtime in workplace in India. Lets See What’s they have discussed here.
| Act | Provisions under the Act |
| Factories Act, 1948 Details are mentioned regarding the working hours, spread over and overtime in Sec. 51, 54 to 56 & 59 of the Act : | Under Sec. 59 it is mentioned that where a worker works in a factory for more than 9 hours in any day or for more than 48 hours in any week, he/she shall, in respect of overtime work, be entitled to receive wages at the rate of twice his/her ordinary rate of wages. |
| Mines Act, 1952 | Under Sec. 28 to 30 of the Act it is mentioned that no person employed in a mine shall be required or allowed to work in the mine for more than 10 hours in any day inclusive of overtime. |
| Minimum Wages Act, 1948 | Under Sec. 33 it is mentioned that for overtime wages are to be paid at the rate of twice the ordinary rates of wages of the worker. It mentions that the employer can take actual work on any day upto 9 hours in a 12 hours shift. But he must pay double the rates for any hour or part of an hour of actual work in excess of nine hours or for more than 48 hours in any week.Sec. 14 of the Act mentions that any worker whose minimum rate of wages are fixed with wage period of time, such as by hour, by the day or by any such period and if a worker works more than that number of hours, it is considered to be overtime. In case if the number of hours constituting a normal working day exceeds the given limit, then the employer will have to pay him for every hour or for part of an hour for which he has worked in excess at the overtime rate. |
| Bidi and Cigar Workers (Conditions of Employment) Act, 1966 | Under Sec. 17 & 18 of the Act relating to working hours, it is mentioned that the period of work including over time work should not exceed 10 hours in a day and 54 hours in a week. |
| Contract Labour (Regulation & Abolition) Act, 1970 | As per Rule 79 of the Act, it is compulsory for every contractor to maintain a Register of Overtime in Form XXIII which will contain all details relating to overtime calculation, hours of extra work, name of employee, etc. |
| Building and Other Construction Workers (Regulation of Employment Service) Act, 1996 | Under Section 28 & 29 of the Act, it is mentioned that worker who is working overtime will be paid Overtime wages at the rate of twice the ordinary rate of wages. |
| Working Journalist (Conditions of Service) and Miscellaneous Provisions Act, 1955 | As per Rule 10 of the Act, it is mentioned that a working journalist who works for more than 6 hours on any day in day shift and more than 5½ hours in night shift shall be compensated with rest hours equal to hours for which he/she has worked overtime. |
| Plantation Labour Act, 1951 | As per section 19 of the Act where an adult worker works in any plantation on any day in excess of the number of hours constituting a normal working day or for more than 48 hours in any week, he/she shall, in respect of such overtime work, be entitled to twice the rates of ordinary wages. Provided that no such worker shall be allowed to work for more than 9 hours on any day and more than 54 hours in any week. |
What are the prescribed work Hours for women in India?
What are provisions relating to work time of women under the law?
Section 66 of the Factories Act, 1948 imposes restriction on employment of women to work between 7.00 pm to 6.00 am. However, the Chief Inspector is empowered to grant relaxation, but in that case women are not permitted to work between 10.00 pm to 5.00 am.
Want to Know the Employment laws for Women in India? Read our Detailed guide including how to file a complaint?
How to calculate Overtime Payment Under Factories Act?
Where a worker works in a factory for more than 9 hours in any day or for more than 48 hours in any week, he/she shall, in respect of overtime work, be entitled to receive wages at the rate of twice his/her ordinary rate of wages.
What are the Break periods and weekly Holidays?
What does the law say about working days?
Factories Act, 1948 specifies that weekly holiday on the first day of the week, which is Sunday or may be any other day, as may be approved in writing by the Chief Inspector of Factories, for a particular area is necessary.
Breaks
As per the provisions of the Factories Act, 1948 a rest interval of at least half an hour should be provided, in such a way that no period of work shall exceed 5-1/2 hours.
According to Minimum Wages Act, the working day of an adult worker shall be so arranged that inclusive of the interval of rest it shall not exceed 12 hours on any day.
Know the Complete Step by Step guide of Employment Laws including Overtime calculation and Night Duty
What are the Work hours for young workers?
young person
The young person as per provision of Factories Act, 1948 is defined as “child” or “adolescent” (a person who has completed 15 years of age, but not completed 18 years of age). It mentions that working hours of child workers are limited to 4-1/2 hours a day. It also specifies that the spread-over should not exceed 5 hours. The provisions of the Act also specify that female child workers are prohibited to work between 7.00 pm to 8.00 am as per Section 71.
As per the Minimum Wages Act, 1948 the number of hours of work for adolescent shall be fixed by the medical practitioner as approved by the Government, which be decided on consideration of adolescent as an adult or child. The child should, however, not be allowed to work for more than 4-1/2 hours on any day.
- The act mentions that the daily hours of work of an apprentice shall not be more than 8 hours per day and weekly hours not less than 40 hours but not more than 45 hours. However, a short term apprentice may however be engaged to work up to a maximum limit of 48 hours per week. The hours of training of apprentice should not be between 10.00 pm to 6.00 am except with the prior approval from the Apprentice Advisor.
[1] Labour Laws in India – Labour laws in India such as the Industrial Disputes Act, 1947 (“ID Act”) provide protection to workmen such as redundancy/retrenchment compensation.
[2] Employee Overtime Rules & Procedures – (refer from page 39 – 41) – The majority of the working sector does not know that for overtime beyond working hours, employees hold certain rights that they need to exercise, as per the labor laws in India.
[3] The Minimum Wages Rules, 1950 – The wages of an employed person shall be paid to him without deduction of any kind except those authorized by or under these rules.
[4] Shops and Establishment (Regulation of Employment & Conditions of Service) Bill, 2016 – Some of the major reforms this bill seeks to propose are: Working Hours of Employees: Establishments are permitted to operate on all days in a year and can also decide their opening and closing timings.
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