The employee should claim OT in reasonable time.
Has the employer been issuing wage/pay/salary slip and does it compute OT in it?
It should be supplied before payment of wages and should be signed by both employer and employee.
Does the employer deduct PF,ESIC, Group Insurance, TDS, and provide for Gratuity etc,
Work hours and permissible OT is explained below.........................
If you are working 6days/week @ 12 Hrs/day this amounts to 60 hrs/week .....................
This is violation by employer...................
The Delhi Shops and Establishments Act, 1954
2. Definitions.: 4,5,6,7,8,9,14,15,48,25,27,28,30,
COMMENTS
Sub-section 13—”Holiday”, Sub-section (14)—“working hours”, Sub-section (16)—”Leave”,
3. Rights and privileges under other law, etc., not affected.—
8. Employment of adults, hours of work.
No adult shall be employed or allowed to work about the business of an establishment for more than nine hours on any day or 48 hours in any week and the occupier shall fix the daily periods of work accordingly...................
.................any adult employee may be allowed or required to work for more than the hours fixed in this section, but not exceeding 54 hours in any week subject to the conditions that the aggregate hours so worked shall not exceed 150 hours in a year:
Provided further that advance intimation of at least three days in this respect has been given in the prescribed manner to the Chief Inspector and that any person employed on overtime shall be entitled to remuneration for such overtime work at twice the rate of his normal remuneration calculated by the hour.
COMMENTS
(a) Mode for calculation of overtime wages
For any work in excess of nine hours on any day or for more than 48 hours in any week,
overtime wages are to be paid at the rate of double the wages..............
Claim for overtime should be made within reasonable time.
10. Interval for rest and meals.
11. Spread over.
15. Opening and closing hours of shops and commercial establishments.
17. Period of rest (weekly holiday).
18. Wages for the holiday.—
19. Time and conditions for payment of wages.
21. Claims relating to wages.................... 2) Application for any such claim may be made to the authority appointed under sub-section
(1) by the employee himself or any Official of a registered trade union authorised in writing to act
on his behalf or any legal practitioner or the Chief Inspector for a direction under sub-section (3)
22. Leave
30. Notice of Dismissal...........................................
(a) Applicability of section 30
The protection of the provisions of the section is available to all persons who fall within the definition of the term “employee” as given in section 2(7) of the Act and who have put in three months’ continuous services. In the absence of any standing orders or any contract between the employer and the contesting respondent containing any particular terms or conditions, the conditions of service of the employee relating to his employment in an establishment at Delhi are covered by section 30(1) of Delhi Shops and Establishments Act, 1954
(d) Section 30 of the Delhi Shops and Establishments Act, 1954 does not exclude the
application of the Industrial Disputes Act, 1947
33. Records................................ (2) The occupier of any shop or establishment, about the business of which persons are employed, shall in the prescribed form and in the prescribed manner keep a record of the hours worked and the amount of leave taken by.......................
COMMENTS
(a) Particulars and forms of the records required to be maintained under section 33 Failure to maintain the records in the prescribed form and in the prescribed manner, i.e., not keeping exhibited a notice setting-forth the close day or a record of the hours worked and the amount of leave taken by end of the intervals allowed for rest and meals or not entering the particulars of all employment overtime, amounts to contravention of the provisions of section 33
of the Act and the proprietor, employer or the manager of such an establishment is liable to be punished
The register of employment and wages is required to be kept in Form ‘G’ duly bound and pages serially numbered. Where, however, the opening and closing hours are ordinarily uniform, the employer may maintain such register in Form ‘H’ alongwith a separate register of wages and record of leave in Form ‘I’ but the entries relating to a particular date on which an employee if called upon earlier or detained later than the usual working hours are required to be made immediately in the remarks column of Form ‘H’ before such early or late working commences.
(c) Failure to maintain records—if single offence
(d) Can an Inspector require an employer to produce the record in his office for
inspection?
34. Employer to furnish letters of appointment to employees.—
35. Inspection of Registers and calling for information.—
37. Powers and duties of the Inspector.—
(b) Duties of the Inspector
(b) that the registers, records and notices required to be maintained or displayed under the
Act or the Rules are properly maintained or displayed;
(c) that the interval of rest and holidays required to be granted or observed under the Act are granted and observed and that the limits of hours of work and spread-over laid down under the Act are not exceeded;
(g) that the provisions of the Act relating to the payment of overtime are duly observed;
(h) that the wages and other dues are being paid to employees in time as required under
the Act;
>>> THE PAYMENT OF WAGES ACT, 1936
2. Definitions
3*[(vi) "wages" means....................... (b) any remuneration to which the person employed is entitled in respect of overtime work or holidays or any leave period;
3. Responsibility for payment of wages.-
4. Fixation of wage-periods
5. Time of payment of wages
13A. Maintenance of registers and records.
(1) Every employer shall maintain such registers and records giving such particulars of persons employed by him, the work performed by them, the wages paid to them, the deductions made from their wages, the receipts given by them and such other particulars and in such form as may be prescribed.
(2) Every register and record required to be maintained under this section shall, for the purposes of this Act, be preserved for a period of three years after the date of the last entry made therein.
15. Claims arising out of deductions from wages or delay in payment of wages and penalty for malicious or vexatious claims.
16. Single application in respect of claims from unpaid group.
>> In case of dispute employee can approach:
-Lawyer/law firm: A legal notice can help to drill sense into the heads. You may request your lawyer to include the HR personnel, , CEO, Chairman, MD in list of noticees............
Designation alone does not decide employee is covered as ‘Employee’ as in Shops and Commercial Establishments Act, and ‘Workman’ as in ID Act....................
Your lawyer may ask you a set of structured questions and may opine that you are covered.
-Trade Unions/ Employees Unions: They know precise ways to handle such issues
-Inspector under Shops and Commercial Establishments Act;
- Inspector under Payment of Wages Act
-o/o Labor commissioner
- RPFC for PF
-ITO-TDS where employee files ITR and jurisdictional CIT-TDS where employer files ITR.
In your case both should be at Delhi.
-ESIC Inspector
-Civil Court.
>> These authorities are under obligation to take a suo mttu notice of such violations and have to act on even anonymous complaints even by phone call.
You may mention that you are planning to lodge a complaint with Labor Minister and call a press conference...................
>> You are lucky that AAP has been sworn in at Delhi.
Put a word to the Labor Minister......................
