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over time and working hours related problems

rajatsubhra2000 - Member Since: Nov 2008
Subject - over time and working hours related problems
Hi friends
I am totally new in this community, I am a HR Manager of a Manufacturing unit at W.B. Here i am facing a typical problem which needs an industrial lawer's view. In hour Plant workers are working for two shifts in a day that is of 12 hrs each. For 9 hrs ( 8 hrs duty and 1 hr rest) they get usual attendance and for the rest of 3 hrs they get O.T. for single hours, i.e. they get paid for 3 hrs only not for 6 hrs,which they were suppose to get as per Factory Act. Now how we can manage this part. Management is not willing to bear the huge financial burden, buy paying them the double rate. And the workers are also happy as they are earning more. Now what is the way out in legal point of view. Few days back Management has decided to show the workers attendance by making the attendance after 9 hrs work as, they have worked for half hours that is for 1.5 hours and because of that they had received 3 hours O.T. But the problem comes when the question of punching clock came, because those workers needed to punch their card just after completion of 1.5 hrs. And other risks also remained, like after out punch the worker if faces any accidents or so then the situation can become more grave. Now what is the way out how can we legalize this part.
Thanks
R.S. Mukherjee
malikjs Contributing Member - Member Since: Oct 2008
Subject - Re: over time and working hours related problems
dear mukherjee
you can not show legally 1.5 hours daily because in one quarter max you can show only 50 hours as overtime.
if you want to legalise it puch the card after 9 hours and rest 3 hours pay as production inentive but mind it you have to pay ESI on that.
if your cards are punched daily after 12 hours which is totally illegal.
tgks
j s malik

 


Topic Categories >> hr manager ° working hours ° overtime ° over time °

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