What are the provisions of labour law for over time of Employment ?

Doing overtime in Workplace? Know this facts. Your HR won’t tell you this. Know all rules and law for your employment.

Act	Provisions under the Act
Factories Act, 1948	Section 59: If a worker works more than 9 hours in any day or more than 48 hours in any week shall be entitled to receive wages for the overtime work. Calculation of Overtime: He/She will be receive wages in respect of overtime at the rate of twice of his/her ordinary rate of wages.
Mines Act, 1952	Section 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.
Minimum Wages Act, 1948	Section. 33 it is mentioned that for overtime wages will be paid at the rate of twice the ordinary rates of wages of the worker. It mentions that the employer can take actual work on any day upto 9 hours in a 12 hours shift. But he must pay double the rates for any hour or part of an hour of actual work in excess of nine hours or for more than 48 hours in any week. Section. 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.
Bidi and Cigar Workers (Conditions of Employment) Act, 1966	Section. 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.
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.
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.
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.

What is the Purpose of Factories Act?

The Factories Act, 1881 was primarily passed to protect children and to provide for a few measures for the health and safety of workers.(s)

What are the Objective of Factories Act?

• To protect laborers from long hours of work.
• Maintain healthy and sanitary conditions at the workplace.
• Maintain safety of workers.
• Maintain Industrial machines used by people so as to avoid unnecessary accidents.
• Regular visit of Industrial sites by Industrial Inspectors to oversee health and safety regulations.
• Executive provisions have been made for employment of women in factories.
• Welfare
• Adequate facilities for washing, sitting, storing clothes when not worn during working hours.
• If a worker has to work in standing position, sitting arrangement to take short rests should be provided.
• Adequate First aid boxes should be provided and maintained.

Rights of Working Women in Factories

• Women must have separate toilets and washrooms with doors.
• If a factory has more than 30 women workers the employer must provide a creche for the workers children.
• Women cannot be made to lift more than the prescribed weight.
• Women cannot be made to clean or oil any moving machine.
• Women cannot be made to work more than 48 hours in a week.
• Women must get one day off in a week.
• Women cannot be made to work for more than 5 hours at a stretch.
• Women cannot be made to work only between 6 in the morning and 7 in the evening.
• State government can grant exemption to nay factory or group or class of factories, but no woman can be permitted to work during 10 PM to 5 AM.
• Shift can change only after weekly or other holiday and not in between.

What are the Special Provision for Women under Factories Act?

• Women must have separate toilets and washrooms with doors.
• If a factory has more than 30 women workers the employer must provide a creche for the workers children.
• Women cannot be made to lift more than the prescribed weight.
• Women cannot be made to clean or oil any moving machine.
• Women cannot be made to work more than 48 hours in a week.
• Women must get one day off in a week.
• Women cannot be made to work for more than 5 hours at a stretch.
• Women cannot be made to work only between 6 in the morning and 7 in the evening.
• State government can grant exemption to any factory or group or class of factories, but no woman can be permitted to work during 10 PM to 5 AM.
• Shift can change only after weekly or other holiday and not in between.

Women should Know this…!!! What are the facilities you will get from your workplace for the Night Shift?

Section 66(1)(b) of Factories Act, 1948 prohibits women from being engaged in a factory from 7 PM till 6 AM. These exemptions are conditional and employer needs to follows certain measures such as.

1. If a Company intends to retain female employees beyond normal working hours that too at night, the Company should seek appropriate exemption from the State Govt. in respect of the concerned provisions of the Shop and Establishment Act. Company then shall have to strictly adhere to the conditions laid down by the State Govt. in respect of such exemptions.
2. Company shall also have to strictly adhere to maximum permissible working hours, overtime hours in a day/week and maximum spread-over in a day.
3. Few guidelines that a Company may have to adhere to when arranging for transportation of female employees to and from their residences at night, when retained beyond permissible hours;

• A database of all employees, security personnel, cab drivers and of contractual workers should be maintained, for access by the police if required.
• Security and other contractual personnel should be hired from licensed agencies.
• Antecedents of all employees to be verified.
• A verified security guard to be present in a cab carrying women at night.
• Women should not be the first to be picked up or last to be dropped.
• The cab must drop women at their houses and waits till she confirms her arrival through a phone call.
• If the house of a woman employee is located away from a motorable road, the security guard should accompany her to her house and confirm her safe arrival.
• Exercise control on the vehicle’s movement to check any unwarranted activities of drivers, such as picking up strangers & straying from the designated route.
• Install GPS sets in the cabs.

Get Maternity Benefit in your Workplace

• The Maternity Benefit Act, 1961 regulates the employment of women in certain establishments for certain periods before and after child-birth and provides maternity benefits. The Building and Other Constructions (Regulation of Employment and Conditions of Service) Act, 1996 provides for maternity benefit to female beneficiaries of the Welfare Fund.

Objective of The Equal Remuneration Act, 1976

• Parity in wages is one of the major components of Service Law Jurisprudence which has evolved over the years.
• If two workers are doing the same work, they should be paid equal wages.
• Even Article 39 of the Constitution envisages that the state shall direct its policy, among other things, towards securing that there is equal pay for equal work for both men and women.
• To give effect to this Constitutional provision The Equal Remuneration Act, 1976 was passed to provide for the payment of equal remuneration to men and women workers and for the prevention of discrimination, on the grounds of sex, against women in the matter of employment.

How to file a Complaint under this Act for your Employment / Workplace?

Any Contravention of Equal Remuneration Act, an aggrieved person can take legal action against the Employer. To know the whole procedure of Filing a complain under this Act.

Other Regulatory Statutes for employment / Workplace:

Regulatory Laws:

1. The Prohibition of Sexual Harassment of Women at Workplace Act, 2013
2. Women and The Labour Laws
   The Maternity Benefit Act, 1961
   The Factories Act, 1948
   The Equal Remuneration Act, 1976
   Minimum Wages Act, 1948

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