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Overtime with respect to factories and industrial establishments are calculated under the Factories
Act. No adult worker is allowed or required to work in a factory for more than 48 hours in a week and
SUPPORTED BY – TEAM
for more than 9 hours in a day, as per Section 51and 54 of the Factories Act, 1948 respectively. ABHAY NEVAGI &
Irrespective of the above the Chief Inspector may, as per Section 56, increase such timings to up to ASSOCIATES
12 hours in a day.

Abhay Nevagi & Associates,

Now, as per Section 59(1) of the Factories Act, if an adult worker works in a Factory for more than 9
Advocates
hours in a day or for more than 48 hours in any week, he shall be entitled to twice his ordinary rate of
ISO 9001 & ISO 27001 Certified
wages in respect of overtime work. Ordinary rate of wages, as per Section 59(2) shall be deemed to
Law Firm
include Basic Wage plus Dearness Allowance plus all such allowances which are fixed and part of
monthly salary components. It shall also include House Rent Allowance. If Food grains, edible oil is
given on a concessional rate then the cash equivalent of such concessions may be considered. If any RECENT UPDATES
other allowance like travelling, education allowance, sickness allowance etc is paid as a part of
monthly salary component, it should be included. However, ordinary rate of wages does not include
Bonus or wages for overtime work. ICC Examination Procedure
under Sexual Harassment at
The Hon’ble Bombay High Court in 1998 in the matter of Chief General Manager, Telecom Factory v/s
Workplace Act
H R Thakur (Appellate Side Writ Petition No. 3015 of 1992, decided on 24.06.1997) and others held
that for calculation of Overtime, House Rent Allowance must be included in ordinary rate of wages.

However, as per employment law in India, before a worker becomes entitled to extra wages in A Relief from Supreme Court
respect of overtime work the necessary permission and exemption under Sections 64 and 65 will for Tea Plantation Workers
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 employement law in India. This important aspect needs
to be considered while employing workers on overtime.
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CURRENT NOTIFICATIONS

ESI Notification on Increase in

Wage Ceiling

Payment of PF and Pension on

Day of Retirement- EPFO
circular dated 01.11.2016

Notification on Seniority of
Chairperson of Sexual
Harassment Committee

ESI Act Made Applicable

Across 20 Districts Entirely, In
Maharashtra

Revised rates of Minimum

Wages from 1st july 2016 to
31st Dec 2016

Notification Released by
Ministry of Labor introducing
Fixed term Employment in the
purview of Model Standing
Orders

Central Civil Services

(Conduct) Rules 1964 -
Guidelines regarding
prevention of sexual
harassment of women at the
workplace

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Calculation of overtime in Factories and Other Establishments | Asklabourproblem Page 3 of 3

Gazette Notification
No.G.S.R.158 (E) for
amendment in Paragraph
68NN, 68 O and 69 and
introduction of new paragraph
68 NNNN in the Employees
Provident Fund Scheme 1952.

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