Overtime... approved by factory inspector

Querist : Anonymous (Querist) 30 December 2011 This query is : Resolved
Dear Experts,

Is it compulsory to have approved relaxation for overtime from Factory Inspector otherwise all OT done would be illegal?

Can you please throw some light on it..

Thanks in advance.

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Raj Kumar Makkad (Expert) 15 January 2012
There is no particular law in India as Labour Law but in general parlance, the word labour laws are used in relation to disputes in factories, industrial disputes, bonded labour ect., employees such as you are governed under the Minimum Wages Act, 1948. Below are the definitions of the employer, wages and fixation of minimum wage and period.

Section 14 of the Act deals with Overtime which reads as follows;

(1) Where an employee, whose minimum rate of wages is fixed under this Act by the hour, by the day or by such a longer wage-period as may be prescribed, works on any day in excess of the number of hours constituting a normal working day, the employer shall pay him for every hour or for part of an hour so worked in excess at the overtime rate fixed under this Act or under any law of the appropriate government for the time being in force, whichever is higher.

If you have any grievance, you can approach the appropriate authority as prescribed under law and file an application for revision of the payment worked beyond the allocated period. Kindly seek advise of a legal consultant having prolific knowledge in service oriented matters.

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