How is Overtime calculated above normal working hours?

Ask the Community Statutory Compliance
1

Hi,

How is Overtime calculated hourly above normal working hours? Any difference in calculation in new wage code?

3 Likes
2

As per the Factories Act 1948, every adult (a person who has completed 18 years of age) cannot work for more than 48 hours in a week and not more than 9 hours in a day. According to Section 51 of the Act, the spread over should not exceed 10-1/2 hours.

The company’s overtime policy must clearly state the reporting time and working hours for all employees along with provisions relating to leaves and holidays. The HR policy must also include the company’s policy about any remuneration for the extra time any employee works.

The overtime work must be voluntarily taken up by the employee and not forced through an involuntarily or fraudulently signed agreement.

Under the overtime payment rules in India, overtime wages are paid in two ways – either on a per hour rate or a per piece rate in factories.

In the per hour or hourly rate, the per hour wage of an employee is calculated and double the amount is paid for every extra working hour.
In per piece method, an employee is paid overtime for every extra piece made during the overtime period.

5 Likes
3

IF a company is working and giving compoff for the overtime work.IS it okay to follow the limits of 60 hrs per week and 50hrs per quarter

2 Likes
4

Hi @cy4161 ,

This is a great question and a crucial one from a compliance standpoint.

Legal Limits on Working Hours

Under the Factories Act, 1948, and applicable Shops and Establishments Acts, the general limits for working hours are:

  • Maximum of 9 hours per day
  • Maximum of 48 hours per week
  • Overtime limit: 2 hours per day and not more than 50 hours in a quarter

However, certain states and industries may allow exemptions under specific approvals, where the weekly limit may extend to 60 hours, but only under special circumstances and with prior approval from the labor department.

On Compensatory Off (Comp-Off)

While giving Comp-Off for overtime is a common practice, it’s important to note:

  • The law requires overtime to be compensated at twice the regular wage (as per Section 59 of the Factories Act).
  • Comp-Off in lieu of overtime pay is not a legally recognized substitute unless mutually agreed upon and documented, and even then, it does not override the legal cap on overtime hours.

So, Can a Company Work Beyond 48/50 Hrs with Comp-Off?

No, offering Comp-Off does not allow a company to bypass the legal limits on working hours:

  • 60 hours/week is only allowed with prior government sanction.
  • 50 hours of overtime per quarter is the statutory ceiling.
  • Even if Comp-Off is offered, crossing these limits would be a violation unless an exemption has been formally granted.

Best Practices

  • Stay within the 48-hour workweek and 50-hour overtime per quarter limits unless you have special approval.
  • Maintain transparent records of overtime and comp-offs.
  • If comp-off is offered, ensure it’s documented and mutually agreed upon in writing.
  • Consider state-specific Shops & Establishments Act provisions, as they vary.

Chitra

3 Likes
5

Overtime is typically calculated as 1.5 times the regular hourly rate for any hours worked beyond 40 hours per week (or 8 hours per day in some regions), depending on local labor laws.

2 Likes