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Overtime Pay

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Overtime is the amount of time someone works beyond normal working hours; these may be determined or mentioned under various Acts which are applicable for the functioning of that organization. Below given are Acts that have different provisions for overtime payment and their contravention.

Minimum Wages Act, 1948

• Sec. 14 of the Act mentions that any worker whose minimum rate of wages are fixed with wage period of time, such as by hour, by the day or by any such period and if a worker works more than that number of hours, it is considered to be overtime. In case if the number of hours constituting a normal working day exceeds the given limit, then the employer will have to pay him for every hour or for part of an hour for which he has worked in excess at the overtime rate.

• As per the Act it is compulsory to maintain registers and records as Register of Overtime –Form IV. This Register of Overtime contains various details such as name of employee, hours of overtime, date and other such details which are necessary for the records.

• Contravention of any provisions pertaining to fixing hours for normal working day etc., will be punishable with imprisonment upto 6 months or with fine upto Rs.500.

Factories Act, 1948

• Under Sec. 51, 54 to 56 & 59 of the Act details are mentioned regarding the working hours, spread over and overtime.

• Under Sec. 59 it is mentioned that where a worker works in a factory for more than 9 hours in any day or for more than 48 hours in any week, he/she shall, in respect of overtime work, be entitled to receive wages at the rate of twice his/her ordinary rate of wages.

• If in any factory there is any contravention of any of the provisions of this Act or of any rules made there under or of any order in writing given there under, the occupier and manager of the factory shall each be guilty of an offence. If found guilty, they will be punishable with imprisonment for a term which may extend to 2 years or with fine which may extend to one lakh rupees or with both. Even then if the contravention is continued after conviction, then will be punishable with a further fine which may extend to one thousand rupees for each day on which the contravention is so continued.

Mines Act, 1952 • Under Sec. 28 to 30 of the Act it is mentioned that no person employed in a mine shall be required or allowed to work in the mine for more than 10 hours in any day inclusive of overtime.

• Under Sec. 33 it is mentioned that for overtime wages are to be paid at the rate of twice the ordinary rates of wages of the worker.

Bidi and Cigar Workers (Conditions of Employment) Act, 1966

• Under Sec. 17 & 18 of the Act relating to working hours, it is mentioned that the period of work including over time work should not exceed 10 hours in a day and 54 hours in a week.

• Under Sec. 33 if any person who contravenes any of the provisions of this Act or of any rule made there under, then for the first offence will be punishable with fine which may extend to two hundred and fifty rupees (Rs 250). In case of a second or any subsequent offence the penalty would be imprisonment for a term which shall not be less than one month or more than six months or with fine which shall not be less than one hundred rupees or more than five hundred rupees or with both.

Contract Labour (Regulation & Abolition) Act, 1970

• As per Rule 79 of the Act, it is compulsory for every contractor to maintain a Register of Overtime in Form XXIII which will contain all details relating to overtime calculation, hours of extra work, name of employee, etc.

Building and Other Construction Workers (Regulation of Employment Service) Act, 1996

• Under Section 28 & 29 of the Act, it is mentioned that worker who is working overtime will be paid Overtime wages at the rate of twice the ordinary rate of wages.

• If any person contravenes any other provision of this Act or any rules made there under or who fails to comply with any provision of this Act or any rules thereunder shall (if there is no express penalty elsewhere provided for such contravention or failure), be punishable with fine which may extend to one thousand rupees for every such contravention or failure, as the case may be. Incase of a continuing contravention or failure, as the case may be, there would be an additional fine which may extend to one hundred rupees for every day during which such contravention or failure continues after the conviction for the first such contravention or failure.

Working Journalist (Conditions of Service) and Miscellaneous Provisions Act, 1955

• As per Rule 10 of the Act, it is mentioned that a working journalist who works for more than 6 hours on any day in day shift and more than 5½ hours in night shift shall be compensated with rest hours equal to hours for which he/she has worked overtime.

• If any employer contravenes any of the provisions of this Act or any rule or order made there under, he shall be punishable with fine which may extend to two hundred rupees. And whoever has been convicted of any offence under this Act, is again convicted of an offence involving the contravention of the same provision shall be punishable with fine which may extend to five hundred rupees.

Plantation Labour Act, 1951

• As per section 19 of the Act where an adult worker works in any plantation on any day in excess of the number of hours constituting a normal working day or for more than 48 hours in any week, he/she shall, in respect of such overtime work, be entitled to twice the rates of ordinary wages. Provided that no such worker shall be allowed to work for more than 9 hours on any day and more than 54 hours in any week.

• If any person contravenes any of the provisions of this Act shall be punishable with imprisonment for a term, which may extend to three months, or fine, which may extend to five hundred rupees, or with both.

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