In the white-collar sector and management level employment, employees rarely raise demand for overtime payment, even though as per Indian employment laws, they are legally entitled to remuneration. However, if no overtime policy is made by the employer, it leaves a chance of unwanted employment disputes in the future.
Can I say no to overtime in India?
Section 14 of the Code in Wages, 2019, reads: “Where an employee whose minimum rate of wages has been fixed under this Code… … Even employees may not be too willing to claim overtime given prevalent work culture in India where working long hours is seen as a virtue, he said.
Is mandatory overtime legal in India?
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.
Can you reject overtime work?
If your contract says you have compulsory overtime but it’s ‘non-guaranteed’, your employer doesn’t have to offer overtime. But if they do, you must accept and work it. Your employer could take disciplinary action or dismiss you if you don’t do the overtime you’ve agreed to.
How do I decline an overtime request?
It’s OK to say no to overtime
- “No. Sorry.”
- “No. Thanks for asking me.”
- “No. Please keep me in mind for future open shifts.”
- “Sorry, I am not available.”
Is it compulsory to pay overtime?
For overtime work, your employer must pay you at least 1.5 times the hourly basic rate of pay. Payment must be made within 14 days after the last day of the salary period.
Can my employer make me work overtime without pay?
Employees can be required to work overtime, whether paid or unpaid, only if this is provided for in their contract of employment.
Are 12 hour shifts legal in India?
Under the new rules, employees in India may be able to enjoy a four-day workweek, as opposed to the current five-day workweek from 2022-23. This means, an employee will have a 3-day holiday/week but there is catch. During this 4-day workweek, employees need to work for 12 hours to keep the weekly work hours in check.
How many hours are you legally allowed to work in a day in India?
The OSH Code as passed by Parliament says: “No worker shall be required or allowed to work, in any establishment or class of establishment for more than eight hours in a day and the period of work in each day under clause (a) (eight hours) shall be so fixed, as not to exceed such hours, with such intervals and spread …
How many hours are allowed for overtime work?
If he or she works for more than 8 hours in one day, he or she shall be entitled to overtime pay. A day-off of 24 consecutive hours after 6 days of work should be scheduled by the employer upon consultation with the workers.
Can I be forced to work overtime?
There are limits to working overtime
You only have to work overtime if your contract says so. Even if it does you can’t usually be forced to work more than an average of 48 hours per week. If you’re told to work more than this and you don’t want to, you should first take it up with your employer.
Why you shouldn’t work overtime?
Obviously, working overtime can have a significant impact on employee health. Working too many hours can lead to burnout, fatigue and stress and employers need to ensure overtime is compliant with regulations on a worker’s right to rest.