OT PAY
GIRISH SHARMA
(Querist) 16 April 2009
This query is : Resolved
Dear Sir,
1. How to calculate OT hrs as per The Factories Act ? Generally workers take 10-15 mins to leave the factory after shift end. Are we supposed to pay OT for this also ? Few workers arrive & punch their cards 10-15 mins prior to the shift start as well. Is OT payable on this also. Pls see examples below:
Shift Timings: 10AM to 7PM (including 1 hr lunch & tea break)
Employee In Time Out Time Hours Worked
X 9.50 AM 7.08PM 9.18 Hrs (early entry volutary; delay in exit due to washing etc)
Y 10.10 AM 7.10 PM 9.00 Hrs
Z 11.00 AM 7.30 PM 8.30 Hrs
2. Are all employees eligible for OT legally ? Are supervisors, accountants & other back office employees not entitled to OT pay under law?
I would be highly obliged if you could reply at the earliest.
Regards
G. Sharma
H. S. Thukral
(Expert) 17 April 2009
You do not have to pay overtime to workers who over stay in the premises voluntary. In case of late attendences beyond permissible limit, you can mark them absent for half day or even refuse to employ them on that day. In case of late leaving due to changing of cloths or wash, you donot have to pay anything.
The employee, you have mentioned are also eligible for OT if they work beyond 48 hours in a week.
