JAGADEESH (XXXX) 18 May 2010
Respepted Seniors,
As per, The A.P Shop & establishment Act, 1988 working hours for Adult 8 hrs per day and 48 hours per week.
My query is : If any employee in a week, some days worked more than 8 hours and some days worked less than 8 hours, total all together not crossed 48 hours in a week.
In the above case employer is bound to pay OT for more than 8 hours working days?
Kindly suggest me.
Regards,
Jagadeesh
Harshada Shukl Kulkarni (Advocate) 18 May 2010
According to me, there are different rules to calculate the O.T. in various establishments. If it is calculated on per day basis, then you are entitled to get O.T. in respect of your daily work hours. However, if is calculated weekly, then as per your suggestion/information, if you does not cross the limit of 48 hours then you will not be entitled to any O.T.
Narayana Swamy R (Personnel Officer (Legal & IR)) 18 May 2010
My query is about contract labours gratuituty:
One of the contractor who has deployed their manpower in our establishment, the contract labour was served more than 5 years of service in our establuishment, now he has climed gratuity amount in turn contractor has raised a claimed for gratutity before the principal employer for their gratuity amount. Now the question is whether principal employer is liable to pay gratuituity amount for their contractor employees?
Kindly advise over this issue.
regards
rnswamy
radha krishna (vp-hr) 18 May 2010
This has ref to Jgdish's quesrry on OT calculation.
On any day if an employee has worked for more than 8 hours, those extra hours worked attracts OT payment. If an employee worked for 9 hours on a perticular day,for that day he is eligible to receive OT wages for one hour. He may not work for 48 hours a week.
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Wirh ref to Gratuity to contract labour:
It is responsibility of the contractor to pay Gratuity. No responsibility for Principal employer.
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