Forcefull overtime on weekends with Half day salary
1 week ago
My Supervisor always makes me work on weekends for which i am not interested and i receive half salary for the overtime
A.Dear Client,
There are 2 major laws that govern the overtime work and payment in india and they are Minimum Wages Act, 1948: Under the Minimum Wages Act of 1948, when a worker’s hours go beyond their regular shift, they should get overtime pay per hour.
Factories Act, 1948: According to the Factories Act of 1948, if a worker puts in more than 9 hours in a single day or exceeds 48 hours in a week, they are entitled to receive overtime pay, which is twice their usual wage. If the said laws are breached or violated please approach the labour court or send a legal notice through a practising advocate.
There are 2 major laws that govern the overtime work and payment in india and they are Minimum Wages Act, 1948: Under the Minimum Wages Act of 1948, when a worker’s hours go beyond their regular shift, they should get overtime pay per hour.
Factories Act, 1948: According to the Factories Act of 1948, if a worker puts in more than 9 hours in a single day or exceeds 48 hours in a week, they are entitled to receive overtime pay, which is twice their usual wage. If the said laws are breached or violated please approach the labour court or send a legal notice through a practising advocate.
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A.Dear Client,
The employment laws in India state that any employee who works more than the established working hours is eligible for overtime remuneration for the period worked beyond mandatory working hours, i.e., 8-9 working hours per day which equals a total of 48-50 hours a week. Several legislations like the Factories Act, Minimum Wages Act, and Shops and Establishment Act regulate overtime pay. According to these laws, employees who work more than 48 hours per week are eligible for overtime which is calculated at the rate of one and a half times the regular hourly wage of an employee. If the employee’s regular working hour wage that includes basic pay and DA is Rs.200, their overtime rate per hour would be Rs. 300. The maximum limit of overtime per day is 2 hours. Working overtime is a voluntary act. It depends upon the employee or worker's discretion or choice whether he would work overtime or not. An employer cannot force them to work overtime, nor disciplinary action can be taken if they say no to Overtime.
The employment laws in India state that any employee who works more than the established working hours is eligible for overtime remuneration for the period worked beyond mandatory working hours, i.e., 8-9 working hours per day which equals a total of 48-50 hours a week. Several legislations like the Factories Act, Minimum Wages Act, and Shops and Establishment Act regulate overtime pay. According to these laws, employees who work more than 48 hours per week are eligible for overtime which is calculated at the rate of one and a half times the regular hourly wage of an employee. If the employee’s regular working hour wage that includes basic pay and DA is Rs.200, their overtime rate per hour would be Rs. 300. The maximum limit of overtime per day is 2 hours. Working overtime is a voluntary act. It depends upon the employee or worker's discretion or choice whether he would work overtime or not. An employer cannot force them to work overtime, nor disciplinary action can be taken if they say no to Overtime.
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A.Dear Sir
Please approach the following authority or similar authority in a state
The Office Commissioner of Labour
Karmika Bhavan, Dairy Circle,
Bannerghatta Road, Bangalore-29.
080-29753078
[email protected]
Addresses of Labor Inspectors in Bengaluru in different locations
https://karmikaspandana.karnataka.gov.in/page/Contact+Us/Labour+Inspector/en
https://clc.gov.in/clc/regional-offices/bangalore#:~:text=1.&text=Shram%20Sadan%2C%203rd%20Main%2C%203rd,Yeswanthpur%2C%20Bangalore%2D560022..
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Section 12 in The Industrial Disputes Act, 1947
12. Duties of conciliation officers.- (relevant section 12(2) of ID Act)
(1) Where any industrial dispute exists or is apprehended, the conciliation officer may, or where the dispute relates to a public utility service and a notice under section 22 has been given, shall hold conciliation proceedings in the prescribed manner.
(2) The conciliation officer shall, for the purpose of bringing about a settlement of the dispute, without delay, investigate the dispute and all matters affecting the merits and the right settlement thereof and may do all such things as he thinks fit for the purpose of inducing the parties to come to a fair and amicable settlement of the dispute.
(3) If a settlement of the dispute or of any of the matters in dispute is arrived at in the course of the conciliation proceedings the conciliationofficer shall send a report thereof to the appropriate Government 1 or an officer authorised in this behalf by the appropriate Government] together with a memorandum of the settlement signed by the parties to the dispute.
(4) If no such settlement is arrived at, the conciliation officer shall, as soon as practicable after the close of the investigation, send to the appropriate Government a full report setting forth the steps taken by him for ascertaining the facts and circumstances relating to the dispute and for bringing about a settlement thereof, together with a full statement of such facts and circumstances, and the reasons on account of which, in his opinion, a settlement could not be arrived at.
(5) If, on a consideration of the report referred to in sub- section (4), the appropriate Government is satisfied that there is a case for reference to a Board, 2 Labour Court, Tribunal or National Tribunal,] it may make such reference. Where the appropriate Government does not make such a reference it shall record and communicate to the parties concerned its reasons therefor.
(6) A report under this section shall be submitted within fourteen days of the commencement of the conciliation proceedings or within such shorter period as may be fixed by the appropriate Government: 3 Provided that, 4 subject to the approval of the conciliation officer,] the time for the submission of the report may be extended by such period as may be agreed upon in writing by all the parties to the dispute.]
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Please approach the following authority or similar authority in a state
The Office Commissioner of Labour
Karmika Bhavan, Dairy Circle,
Bannerghatta Road, Bangalore-29.
080-29753078
[email protected]
Addresses of Labor Inspectors in Bengaluru in different locations
https://karmikaspandana.karnataka.gov.in/page/Contact+Us/Labour+Inspector/en
https://clc.gov.in/clc/regional-offices/bangalore#:~:text=1.&text=Shram%20Sadan%2C%203rd%20Main%2C%203rd,Yeswanthpur%2C%20Bangalore%2D560022..
=======================================================================
Section 12 in The Industrial Disputes Act, 1947
12. Duties of conciliation officers.- (relevant section 12(2) of ID Act)
(1) Where any industrial dispute exists or is apprehended, the conciliation officer may, or where the dispute relates to a public utility service and a notice under section 22 has been given, shall hold conciliation proceedings in the prescribed manner.
(2) The conciliation officer shall, for the purpose of bringing about a settlement of the dispute, without delay, investigate the dispute and all matters affecting the merits and the right settlement thereof and may do all such things as he thinks fit for the purpose of inducing the parties to come to a fair and amicable settlement of the dispute.
(3) If a settlement of the dispute or of any of the matters in dispute is arrived at in the course of the conciliation proceedings the conciliationofficer shall send a report thereof to the appropriate Government 1 or an officer authorised in this behalf by the appropriate Government] together with a memorandum of the settlement signed by the parties to the dispute.
(4) If no such settlement is arrived at, the conciliation officer shall, as soon as practicable after the close of the investigation, send to the appropriate Government a full report setting forth the steps taken by him for ascertaining the facts and circumstances relating to the dispute and for bringing about a settlement thereof, together with a full statement of such facts and circumstances, and the reasons on account of which, in his opinion, a settlement could not be arrived at.
(5) If, on a consideration of the report referred to in sub- section (4), the appropriate Government is satisfied that there is a case for reference to a Board, 2 Labour Court, Tribunal or National Tribunal,] it may make such reference. Where the appropriate Government does not make such a reference it shall record and communicate to the parties concerned its reasons therefor.
(6) A report under this section shall be submitted within fourteen days of the commencement of the conciliation proceedings or within such shorter period as may be fixed by the appropriate Government: 3 Provided that, 4 subject to the approval of the conciliation officer,] the time for the submission of the report may be extended by such period as may be agreed upon in writing by all the parties to the dispute.]
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