Overtime refers to the time worked in excess of ones’ regular working hours which in India, is nine hours per day and forty eight per week as per the Factories Act 1948.
As per Section 51 of Factories Act 1948 “No adult worker shall be required or allowed to work in a factory for more than forty –eight hours in any week’. Section 54 of the Act states that “Subject to the provisions of section 51, no adult worker shall be required or allowed to work in the factory for more than nine hours in any day. Provided that subject to the previous approval of the Chief Inspector the daily maximum specified in this section may be exceeded in order to facilitate the change of shifts.”
Section 59(1) of factories Act 1948 (1)Where a worker works in a factory for more than nine hours in any day or more than forty-eight hours in any week, he shall , in respect of overtime work, be entitled to wages at the rate of twice his ordinary rate of wages.
However before a worker becomes entitled to extra wages in respect of overtime work the necessary permission and exemption under Sections 64 and 65 will have to be obtained from the appropriate authorities by the Manager of the factory. Failure to obtain such permission is a statutory offence as per employment law in India.
As per Section 64 Power to make exempting rule, sub-section 4,
- Clause i - the total number of hours of work in any day shall not exceed ten.
- Clause ii - the total number of hours of work in a week including over time, shall not exceed sixty.
- The total number of hours of overtime shall not exceed fifty for any one quarter.
Explanation:- “ Quarter “ means a period of three consecutive months beginning on the 1st of January, the 1st April, the 1st of July or the 1st of October.
As per Section 65 Power to make exempting orders under exceptional pressure of work the total number of hours of work in any shall not exceed twelve and the total number of hours of work in any week,including overtime, shall not exceed sixty. Further no worker shall be allowed to work overtime, for more than seven days at a stretch and the total number of hours of overtime work in any quarter shall not exceed seventy- five.