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Compensation

This page was last updated on: 2021-04-02

Overtime Compensation

 Note: Upcoming Labour Legislation in India

Last year (2020), the Indian Parliament combined 25 labour laws into three codes, i.e., the Social Security Code, the Code on Industrial Relations and the Code on Occupational Safety, Health and Working Conditions. The Code on Wages, enacted in 2019, also amalgamated four relevant labour laws.   

The Four new Labour Codes were supposed to be effective from 01 April 2021 however considering the rise in COVID cases and the potential impact of the new Codes on per employee costs for enterprises, the Government has delayed implementation of new Codes to a future date. The Central and State Governments have yet to notify the rules. The new legal provisions will be effective only, once notified.  

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Currently Applicable Provisions 

In accordance with the Factories Act 1948, normal working hours are 9 hours per day and 48 hours per week. Working hours for young workers are 4.5 hours per day.

Adult workers may be required to work beyond the stipulated working hours, i.e., 9 hours a day and 48 hours a week. The compensation for overtime work is twice the regular rate of his ordinary pay (200% of the regular wage rate). The ordinary rate of wages includes the basic wages plus such allowances, including the cash equivalent of the advantage accruing through the concessional sale to workers of food grains and other articles, as the worker is for the time being entitled to, but does not include a bonus and wages for overtime work.

The periods of work must be fixed in such a way that no period should exceed five hours (exemption can be granted to extend this period to 6 hours). A worker must get a rest interval of at least half an hour (30 minutes) after at most five hours of work. The total spread over (of working hours) inclusive of rest breaks and overtime cannot exceed ten and a half hours in any day. This means that an overtime of 2 hours is allowed per day. The Chief Inspector is authorized to extend this spread over, for reasons specified in writing, to 12 hours.

An employee may not be required to work overtime on short notice without prior intimation. Period of work, fixed in accordance with the provisions of Act, should be properly notified and displayed in the factory. Any proposed change should be notified to the Inspector, before the change is made.

In line with the Wage Code, the central or state government may fix the number of working hours that constitute a normal working day.  Where a worker works in excess of a normal working day, he is entitled to overtime wage, which must be at least 200% of the normal wage rate.

The Code on Wages Bill, 2019 was passed by the Lok Sabha on July 30, 2019 and Rajya Sabha on 02 August 2019. 

The Wage Code regulates wage and bonus payments in all employment.  The Code combines the provision of the following four laws: (i) the Payment of Wages Act, 1936, (ii) the Minimum Wages Act, 1948, (iii) the Payment of Bonus Act, 1965, and (iv) the Equal Remuneration Act, 1976. The Wage Code repeals the above 4 laws.

Source: §51-63 of Factories Act 1948

 

Non-Standard Workers' Rights on Working Hours and Overtime - Platform Workers

Working hours are regulated for employees. Since, independent contractors, i.e., platform workers are not considered employees, the working hours' restriction are not applicable to them.

Uber requires its drivers to take an uninterrupted 6-hour break after every 12 hours of time spent driving. Driving time is from the time a driver confirms the trip request and start driving to the pickup, to when you complete the trip. If a driver is online and stationary, for example waiting for a request, driving around the city without a passenger, or sitting in an airport queue, this time is not included into the 12 hours of driving time.

In the event of bad weather as well as rush hours, demand for rides increases. In such cases, fares increase. This is referred to as surge pricing. Fares are updated based on the demand in real-time. Uber drivers or partners are shown this high demand through a changed colour map indicating demand originating from those areas. Surge rates are charged as a multiplier of X. The surge multiplier generally lies between 1 to 2. In the case of surge pricing with a multiplier of 1.5, the normal fare was 100 rupees rises to 150 rupees. The actual payout to the worker increases in this case.

Overtime Compensation Under State Laws

Andhra Pradesh

Maharashtra

Karnataka

Uttar Pradesh

Rajasthan

Tamil Nadu

Gujarat

West Bengal

 

Overtime Compensation in Andhra Pradesh

For Employees at Establishments:

Where an employee in any establishment is required to work overtime, they are entitled to overtime wages at twice the ordinary rate of wages (200% of the ordinary wage rate). The normal working hours are eight hours a day and 48 hours a week. No employee in any shop may be required or allowed to work for more than 5 hours without a break of one hour. Provided that, an employee who was serving a customer at the start of this break may be required to serve such customer for 15 minutes before breaking.

The periods of work (inclusive of breaks) of an employee must not spread for more than 12 hours. Any employee may be required or allowed to work in a shop for more than this time, on payment of overtime wages, and on the following conditions:

(i)The total number of hours of work, including overtime, in any day may not exceed 12; (ii) The spread over, inclusive of intervals of rest, may not exceed 13  hours in any one day; (iii) The total number of hours of work in any week, including overtime, may not exceed 62; (iv) No employee may be allowed to work overtime, for more than seven days at a stretch; (v) The total number of hours of overtime work in any month may not exceed 50.

Employees of establishments other than shops are subject to the same conditions.

No young person may be required or allowed to work in any establishment before 6 a.m. and after 7 p.m. They may not be required or allowed to work in any establishment for more than 7 hours in any day and forty-two hours in any week.

Source: Section 9-11, 14-18, 23, 21, 22, and 37, Andhra Pradesh Shops and Establishments Act, 1988

 

For Motor Transport Workers:

Motor Transport workers cannot be required to have a regular working hour of more than 8 hours in any day and 48 hours in any week. The Chief Inspector, may on written application from an employer, permit an exception. However, it cannot be more than 10 hours in a day and 54 hours in a week, - (i) on any route of 100 kilometers or more; and (ii) on such festive or other occasions as may be notified by the Government in the Official Gazette.

 Workers are entitled to be notified of working hours in English and in a language, which is understood by a majority of workers. The notice must be displayed in a visible place in legible and clean condition. A motor worker is entitled to one-and-a-half-time overtime wages if they work for more than eight hours in any day or more than forty-eight hours in any week. However, the total overtime compensation that a worker receives should not exceed 50% of their ordinary monthly wages. In this way, the Rules limit overtime hours to 16 hours per week.

(Example: A motor transport worker earns 4,000 rupees per week for 48 hours of work. This translates to 83.33 rupees per hour. The overtime rate is (83.33 X 1.5= 125 rupees). Considering the above-referred limit, a worker may earn up to 2000 rupees through overtime work in a week which translates to a maximum of 16 working hours per week).

Source: Section 27, 28, 31, Andhra Pradesh Motor Transport Workers Rules, 1963

 

Overtime Compensation in Maharshtra

For all factory workers:

Unless explicitly exempted, the law sets ceilings limits for working hours. No women should be required or allowed to work for more than nine hours in any day. Barring certain exemptions, the total number of hours of work in any day cannot exceed 10 hours. Similarly, the spread of work, including rests, cannot exceed more than 12 hours a day. The total hours in a week, including overtimes, cannot exceed 60. Finally, the overtime hours cannot exceed more than 50 in a quarter. A 30-minute break is compulsory for every five hours of work.

Workers engaged for overtime should be paid double the regular wages for the overtime hours. They should be provided with overtime slips duly signed by managers for daily overtimes, if not, weekly. Employers will submit a list of employees needed for overtime work to the inspector of factories. Lastly, double employment may be sanctioned by inspectors in situations where they are convinced that the worker will not end up working for more than 48 hours a week.

Source: Section 96, 97, and 102 of the Maharashtra Factories Rules, 1963

For workers in Beedi Establishments:

For workers in beedi establishments, daily working hours cannot be set at more than 9 hours a day and 48 hours a week. A 30-minute break is compulsory for a maximum of 5 hours of work. The total spread of the day, including breaks, cannot be more than 10 hours in a day and 54 hours in a week. Overtime work should be paid at double the wage rate usually paid to the worker.

However, in case of payment on a piece rate, overtime pay, paid leaves, etc., should be based on a calculated ‘Ordinary Wage’. This ‘ordinary wage’ may act as the average daily wage/monthly wage of a worker. For e.g., if a worker produces an average daily output of X bidis at a Y per piece rate, their daily wage should be XY. And, their monthly wage should be XY*D (number of working days in a month). This wage should be calculated by the employer along with consent from the employee. And, it should include basic pay, dearness allowance and cash equivalent of concession in food grain sale. This equivalent should be calculated from the admissible limit for a standard family.  A standard family involves an employee, spouse and two children, totaling to three adults.

Women and children may not be made to work in hours other than those between 6 a.m. to 7p.m.

Source: Maharashtra Beedi and Cigar Workers (Conditions of Employment) Rules, 1968

For all workers in Shops and Commercial Establishments:

For workers subject to the Shops and Establishments Act, daily working hours cannot be set at more than 9 hours a day and 48 hours a week. A 30-minute break is compulsory on every 5 hours of work. The total spread of the ‘working day’, including breaks, cannot exceed 10.5 hours in a day. In case of urgent/intermittent work, the total spread should not be more than 12 hours. Workers should be compensated with a double wage rate for overtime work. However, overtime work cannot exceed a total period of 25 hours in three months.

Source: Section 12 and 14 of the Maharashtra Shops and Establishments (Regulation of Employment and conditions of service) Act, 2017

For teachers:

Full time teachers (private schools) should be present on school premises during the working hours, up to 30 hours a week (excluding recess).  The working hours for teachers are dependent on the number of students in a class. Teachers in secondary schools, junior colleges of education with; less than 30, 31-50, more than 50 students should have 19, 18 and 17 teaching hours/week respectively.  In schools with more than 20 classes, school heads, assistant heads and supervisors should teach for up to 4,8,10 hours/week respectively. In case of there being less than 20 classes, the number changes to being 6 and 12 teaching hours/week respectively. 

Non-teaching staff like clerks, librarians, and laboratory assistants will have no more than 38 ½ working hours per week. Furthermore, peons and hamals employees should have not more than 50 working hours per week.

Source: Section 21, Maharashtra Employee of Private Schools (conditions of service) Rules, 1981

For Mathadis, Hamals, Manual Workers, and Private Security Guards:

In case of employment of mathadis, hamals, manual workers, and private security guards, the State Government can prescribe schemes for regulating the employment of registered Security Guards. They can also change their terms and conditions of employment, including the rates of wages, hours of work, maternity benefit, overtime payment, leave with wages, provision for gratuity, conditions as to weekly and other holidays, and pay in respect thereof.

Source: Section 3 of the Maharashtra Mathadi, Hamal and other Manual Workers' (Regulation of Employment and Welfare) Act, 1969; Section 3 of the Maharashtra Private Security Guards (Regulation of Employment and Welfare) Act, 1981

 

Overtime Compensation in Karnataka

For workers in Shops and Commercial Establishments:

Where an employee works in any establishment for more than nine hours in any day or for more than forty-eight hours in any week, they are entitled to wages at twice the rate of normal wages.

Source: Section 8 of the Karnataka Shops and Commercial Establishments Act, 1961

 

Overtime Compensation in Uttar Pradesh

For Inter - State Migrant Workmen:

Holidays, hours of work including extra wages for overtime work done and other conditions of service of migrant workmen should be as favourable as those obtaining in that establishment or in similar employment in the area in which the establishment is located.

When a building worker works in any building or other construction work for more than 9 hours on any day or for more than 48 hours in any week, he should, in respect of overtime work, be entitled to wages at double the ordinary rate of wages.

Source: Section 39, U.P. Building And Other Construction Workers (Regulation Of Employment And Conditions Of Service) Rules, 2009; Section 36, U.P. Inter-State Migrant Workmen (Regulation of Employment and Conditions of Service) Rules, 1983

 

Overtime Compensation in Rajasthan

For Employees (including minors) at Establishments:

Should any employee of any shops and commercial establishments work for more than nine hours on any day or more than 48 hours a week, he will be paid wages according to the overtime wage rate. The overtime wage rate is one and half times the ordinary wage rate. The normal working hours for an adult worker are 9 hours and for a child worker are 4.5 hours (both inclusive of rest time).

Source: Section 26 of the Rajasthan Minimum Wages Rules, 1959; Section 7 of the Rajasthan Shops and Commercial Establishments Act, 1958

For Construction Workers:

When a building worker has gone over the normal working hours, the worker will be paid at double the rate of normal wages.

Source: Section 61 of the Rajasthan Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Rules, 2009

 

Overtime Compensation in Tamil Nadu

For construction workers:

For workers in construction establishments, daily working hours cannot be set at more than 9 hours a day and 48 hours a week. Five hours is the maximum time of work admissible without a break (of 30 minutes minimum). The total spread of the day, including breaks, cannot exceed 12 hours in a day. Overtime work should be paid with twice the rate of wage usually paid to the worker. However, under special permissions, daily spread hours could be increased to 15 hours a day and 60 hours a week. Work done under this provision would be paid at a rate twice of the normal wages for extra hours done in a day, week or on rest days.

Source: Tamil Nadu Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Rules, 2006 

For workers in Beedi Establishments:

For workers in beedi establishments, daily working hours cannot be set at more than 9 hours a day and 48 hours a week. 5 hours is the maximum time of work admissible without a break (of 30 minutes minimum). The total spread of the day, including breaks, cannot exceed 10 hours in a day and 54 hours in a week. Overtime work should be paid with twice the rate of wage usually paid to the worker. In case of payment on a piece rate, authorities should (in consultation with employers and employees) calculate an ‘Ordinary Wage’.  The 'Ordinary Wage' will be considered as the monthly wage of the worker. It must be calculated by multiplying the piece rate into average pieces/day and the total number of days in a month.

This must include basic pay, dearness allowance and cash equivalent of concession from sale of food grain at concessional prices, calculated from the admissible limit for standard family.  A standard family involves an employee, spouse and two children, totaling to three adults.

Worker’s pay is supposed to include a provision of grains for their families. Employers can either pay the worker  a cash equivalent of the cost of grains (in the nearest ‘market’). Or, they can provide these grains at a concessional rate. In case of the latter, employers are supposed to provide in cash the difference between the concessional rate and the ‘market rate’. This is done to ensure that employers do not supply poor quality grains under the garb of concessional grain supply.

Furthermore, female and child workers in beedi establishments should not be made to work in hours other than those between 6 a.m. to 7p.m.

Source: The Tamil Nadu Beedi Industrial Premises (Regulation of Conditions of Work) Act, 1958

For workers in Catering Establishments:

For workers in catering establishments, daily working hours cannot be set at more than 9 hours a day and 48 hours a week. 5 hours is the maximum time of work admissible without a break (of 30 minutes minimum). The total hours of work per day, including over time, cannot exceed 10 hours a day. Overtime by any employee cannot exceed 54 hours in a quarter. Overtime work should be paid with twice the rate of wage usually paid to the worker. The total spread of hours, including the breaks, should be adjusted to not exceed 14 hours a day, with a maximum of two breaks.

No women and children are allowed to work in catering establishments between 9p.m. and 5a.m. in any capacity.

Under this Act, no young person can be employed for more than 5 hours a day.

Source: Tamil Nadu Catering Establishments Act, 1958

For workers in Handlooms:

In case of handloom workers in Tamil Nadu, daily working hours cannot be set at more than 8 hours a day and 48 hours a week. 5 hours is the maximum time of work admissible without a break (of 30 minutes minimum). The total hours of work per day, including over time, cannot exceed 10 hours a day. The total spread of the day, including breaks, cannot exceed 11 hours in a day. Overtime work should be paid with twice the rate of wage usually paid to the worker. In case of payment on a piece rate, authorities should (in consultation with employers and employees) calculate an ‘Ordinary Wage’.  The 'Ordinary Wage' will be considered as the monthly wage of the worker. It must be calculated by multiplying the piece rate into average pieces/day and the total number of days in a month.

This must include basic pay, dearness allowance and cash equivalent of concession from sale of food grain at concessional prices, calculated from the admissible limit for standard family.  A standard family involves an employee, spouse and two children, totaling to three adults.

Worker’s pay is supposed to include a provision of grains for their families. Employers can either pay the worker  a cash equivalent of the cost of grains (in the nearest ‘market’). Or, they can provide these grains at a concessional rate. In case of the latter, employers are supposed to provide in cash the difference between the concessional rate and the ‘market rate’. This is done to ensure that employers do not supply poor quality grains under the garb of concessional grain supply.

Female and child workers in handloom establishments should not be made to work in hours other than those between 6 a.m. to 7p.m.

Source: Tamil Nadu Handloom Workers (Conditions of Employment and Miscellaneous Provisions) Act

For workers in Shops and Commercial Establishments:

For workers subject to the Shops and Establishments Act of Tamil Nadu, daily working hours cannot be set at more than 8 hours a day and 48 hours a week. The total working hours, including overtime cannot be more than 10 hours a day and 54 hours a week. Four hours is the maximum time of work admissible without a break (of 60 minutes minimum). The total spread of the day, including breaks, cannot exceed 12 hours in a day. Overtime work should be paid at twice the rate twice of wage usually paid to the worker.

No young person can be permitted to work before 6am and after 7pm. No young person can work for more than 7 hours a day and 42 hours a week.

Source: Tamil Nadu Shops and Establishments Act, 1947 

 

Overtime Compensation in Gujarat

Where an employee in any establishment other than a residential hotel, restaurant or eating house, is required to work in excess of the limit of hours of work, he should be entitled, in respect of the overtime work, wages at the rate of one and a half times his ordinary rate of wages.

Where an employee in a residential hotel, restaurant or eating house, is required to work in excess of the limit of hours of work, he should be entitled, in respect of the overtime work, wages at the rate of twice his ordinary rate of wages.

Where a worker is required to work in a shop or establishment beyond nine hours a day or forty-eight hours a week, he should be entitled, in respect of the overtime work, wages at the rate of twice their ordinary rate of wages.

Source: Section 14, 63, Gujarat Shops and Establishments (Regulation of Employment and Conditions of Service) Act, 2019; Section 63 of the Bombay Shops and Establishments Act, 1948

 

Overtime Compensation in West Bengal

For all factory workers:

Unless explicitly exempted, the law sets ceilings limits for working hours. No women should be required or allowed to work for more than nine hours in any day. Barring certain exemptions, the total number of hours of work in any day cannot exceed 9 hours. Similarly, the spread of work, including rests, cannot exceed more than 12 hours a day. The total hours in a week, including overtimes, cannot exceed 60. Finally, the overtime hours cannot exceed more than 50 in a quarter. 30 minutes of break is compulsory for every five hours of work.

Workers working overtime should be paid double the regular wages for the overtime hours. They should be provided with overtime slips duly signed by managers for daily overtimes, if not, weekly. Employers will submit a list of employees needed for overtime work to the inspector of factories. Lastly, double employment may be sanctioned by inspectors in situations where they are convinced that the worker will not end up working for more than 48 hours a week.

Source: Section 80, The West Bengal Factories Rules, 1958.

For all workers in Shops and Commercial Establishments:

For workers subject to the Shops and Establishments Act, daily working hours cannot be set at more than 8 and a half hours a day and 48 hours a week. A 60 minute break is compulsory for every 5 hours of work. The total spread of the ‘working day’, including breaks, cannot exceed 10 hours in a day. In case of urgent/intermittent work, the total spread should not be more than 12 hours. Workers should be compensated with a double wage rate for overtime work. However, overtime work cannot exceed a total period of 120 hours in twelve months.

Source: Section 6 and 7, West Bengal Shops and Establishments Act, 1963

 

Night Work Compensation

In accordance with the Factories Act, the night shift is a shift which extends beyond midnight. There is no special pay premium for employees working overnight.

The Code on Wages Bill, 2019 was passed by the Lok Sabha on July 30, 2019 and Rajya Sabha on 02 August 2019. 

The Wage Code regulates wage and bonus payments in all employment.  The Code combines the provision of the following four laws: (i) the Payment of Wages Act, 1936, (ii) the Minimum Wages Act, 1948, (iii) the Payment of Bonus Act, 1965, and (iv) the Equal Remuneration Act, 1976. The Wage Code repeals the above 4 laws.

Source: §57 of Factories Act 1948

 

Night Work Compensation Under State Laws

Andhra Pradesh

Maharashtra

Karnataka

Uttar Pradesh

Rajasthan

Tamil Nadu

Gujarat

West Bengal

 

Night Work Compensation in Andhra Pradesh

No State laws and provisions under this topic.

 

Night Work Compensation in Maharashtra

No State laws and provisions under this topic.

 

Night Work Compensation in Karnataka

For workers in Shops and Commercial Establishments:

The Karnataka Shops and Commercial Establishments Act prohibits the employment of women and young persons during the night.

Source: Section 25 of the Karnataka Shops and Commercial Establishments Act, 1961

 

Night Work Compensation in Uttar Pradesh

No state laws under this category.

 

Night Work Compensation in Rajasthan

No State laws and provisions under this topic.

 

Night Work Compensation in Tamil Nadu

For construction workers:

Building and other construction workers ought to have taken a day of rest before or after a night shift. A day is considered to be an uninterrupted period of 24 hours from the end of the shift. However, the Act mentions extra pay for night shift work.

Source: Tamil Nadu Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Rules, 2006 

 

Night Work Compensation in Gujarat

No State laws and provisions under this topic.

 

Night work compensation in West Bengal

No State laws and provisions under this topic.

 

Compensatory Holidays / Rest Days

In extraordinary circumstances, workers may perform work on weekly rest days and public holidays. If workers lost their weekly rest days due to the exemption granted to an establishment under section 52 of the Factories Act, these workers must be provided with compensatory rest days within the following 2 months.

There is no provision for compensatory holiday for workers working on a public holiday.

The Code on Wages Bill, 2019 was passed by the Lok Sabha on July 30, 2019 and Rajya Sabha on 02 August 2019. 

The Wage Code regulates wage and bonus payments in all employment.  The Code combines the provision of the following four laws: (i) the Payment of Wages Act, 1936, (ii) the Minimum Wages Act, 1948, (iii) the Payment of Bonus Act, 1965, and (iv) the Equal Remuneration Act, 1976. The Wage Code repeals the above 4 laws.

Source: §53 of Factories Act, 1948

 

Compensatory Holiday/Rest Days Under State Laws

Andhra Pradesh

Maharashtra

Karnataka

Uttar Pradesh

Rajasthan

Tamil Nadu

Gujarat

West Bengal

  

Compensatory Holiday/Rest Days in Andhra Pradesh

For Motor Transport Workers:

For all workmen in motor transport establishments, employers must display a notice with all the lost holidays of the month at the end of the month. Compensatory holidays for them should be allowed during the same month or the immediately following two months from that date.

Any change in the notices about any compensatory holidays must be made at least three days in advance of the date of that holiday. Any compensatory holiday or holidays to which a worker is entitled must be given to the worker before discharge or dismissal. They should not be counted as part of the termination notice.

Source: Section 30, Andhra Pradesh Motor Transport Workers Rules, 1963

 

Compensatory Holiday/Rest Days in Maharashtra

For all factory workers:

Except for cases that require continuous work due to technical reasons, compensatory holidays for factory workers should be spaced such that there are not more than two holidays in a week. Employers are also mandated to display a notice listing the lost holidays for workers to know and avail such holidays in the coming days. The notices are expected to be kept in place for a time period as decided by the authorities.

Source: Section 9 of the Maharashtra Factories Rules, 1963

 

For workers in Beedi and Cigar Establishments:

For workers in the Beedi premises, one day of weekly closure is compulsory for all processes apart from wetting of wrapping leaves. Workers involved in the said process should get a substitute rest day within three days before or after the rest day.

Source: Maharashtra Beedi and Cigar Workers (Conditions of Employment) Rules, 1968

 

For workers in Shops and Commercial Establishments:

All workers under the Shops and Establishments Act should receive compensatory holidays for working leave days within 2 months of the leave. Workers are entitled to double the wage rate for working on rest days. No deductions can be made for rest days for any worker. In case of piece rate workers, an average wage of the previous 6 days (excluding overtime) will be payable. Except for casual and public leaves, all other accumulated leaves can be cashed at the time of death, discharge, resignation or retirement.

Source: Section 16 and 18, Maharashtra Shops and Establishments (Regulation of Employment and conditions of service) Act, 2017

 

Compensatory Holiday/Rest Days in Karnataka

For workers in Shops and Commercial Establishments:

Where an employee works on any holiday, they are entitled to a substitute holiday with wages at the normal rate.

Source: Section 5 of the Karnataka Industrial Establishments (National and Festival Holidays) Act, 1963

 

Compensatory Holiday/Rest Days in Uttar Pradesh

A building worker employed in building or other construction work should be granted wages for a rest day, at any normal working day’s wage rate.

If he has worked on a rest day and has been given a substituted rest day, he should be paid wages at the overtime rate for the rest day on which he worked.

The wages for the substituted rest day should be paid to him at the rate applicable to a normal working day wage rate.

Source: Section 40 of the U.P. Building And Other Construction Workers (Regulation Of Employment And Conditions Of Service) Rules, 2009

 

Compensatory Holiday/Rest Days in Rajasthan

For Minimum Wage Employees:

The employer is to allow a day of rest with pay after every six days of work (ordinarily Sunday).

Source: Section 23 of the Rajasthan Minimum Wages Rules, 1959

 

Compensatory Holiday/Rest Days in Tamil Nadu

For construction workers:

Building and construction workers are entitled to one rest day per week. A worker can be made to work on a rest day, only in case they have taken a rest day in the preceding or proceedings 5 days of the said day. In any case, no worker is allowed to work for more than 10 days at a stretch without a rest day.

Workers ought to have taken a day of rest before or after a night shift. A day is considered to be an uninterrupted period of 24 hours from the end of the shift.

Under special permissions, daily spread hours could be increased to 15 hours a day and 60 hours a week, the maximum span without a leave then being 14 days. Work done under this provision would be paid at a rate twice of the normal wages for hours done in a day, week or on rest days.

Source: Tamil Nadu Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Rules, 2006 

For workers in Industrial Establishments:

Workers of industrial establishments are to receive 9 paid holidays, four of them being – 26th of January, 1st of May, 15th of August, and the 2nd of October. The other five holidays are to be decided by the concerned authority after consultation with employers and employees. In case of working on any of the said holidays, the worker is entitled to twice the wage, or wages for such day and a substitute holiday with wages (on one of the three days immediately before or after the day on which they work). Workers ought to have completed 30 days in an establishment to avail the holidays and compensations, other than the four national holidays.

Source: Tamil Nadu Industrial Establishments (National, festival and special holidays) Act, 1958

For workers in Beedi Establishments:

For workers in the Beedi premises, one day of weekly shut is mandated for all processes apart from wetting of wrapping leaves. Workers involved in the said process ought to be given substitute rest days within three days before or after the rest day.

Source: The Tamil Nadu Beedi Industrial Premises (Regulation of Conditions of Work) Act, 1958 

 

Compensatory Holiday/Rest days in Gujarat

For menial staff employed in stables for attending to the work of feeding, bathing and milking of animals, cleaning of stables and distribution of milk, the employee should be given leave with pay of forty-five days for one year of services or such proportionate leave as the period of their service in a year bears. This provision must be made for the employee instead of being given a weekly holiday.

If a worker is denied weekly holiday, the compensatory leave for the denial of the holiday should be given within two months of such weekly holiday, instead.

Source: Section 16 of the Gujarat Shops and Establishments (Regulation of Employment and Conditions of Service) Act, 2019; Section 13 and 18 of the Bombay Shops and Establishments Act, 1948

 

Compensatory holiday/rest days in West Bengal

For all factory workers:

Except for cases that require continuous work due to technical reasons, compensatory holidays for factory workers should be spaced such that there are not more than two holidays in a week. Employers are also mandated to display a notice listing the lost holidays for workers to know and avail such holidays in the coming days. The notices are expected to be kept in place for a time period as decided by the authorities.

Source: Section 78, West Bengal Factories Rules, 1958

Weekend / Public Holiday Work Compensation

Workers may be required to work on weekly rest days and public holidays. There is no Central level legislation in this respect. Different State level Acts (National and Festival Holiday Acts) provide that in such circumstances when workers have to work on official holidays, they are entitled to receive wages at a premium rate of 200% of the normal hourly wage rate. Workers working on weekly rest days are entitled to premium pay at the rate of 200% of the normal wage rate. A worker may be provided twice the wages for working on a public holiday or may be provided with a substitute holiday with pay. A worker who is required to work on a rest day must be paid wages at the overtime rates (twice the rate of wages).

The Code on Wages Bill, 2019 was passed by the Lok Sabha on July 30, 2019 and Rajya Sabha on 02 August 2019. 

The Wage Code regulates wage and bonus payments in all employment.  The Code combines the provision of the following four laws: (i) the Payment of Wages Act, 1936, (ii) the Minimum Wages Act, 1948, (iii) the Payment of Bonus Act, 1965, and (iv) the Equal Remuneration Act, 1976. The Wage Code repeals the above 4 laws.

Source: §23 (4) of the Minimum Wages (Central) Rules 1950; §5 of the Karnataka Industrial Establishments (National and Festival Holidays) Act 1963; §5 of The Punjab Industrial Establishment (National and Festival Holidays and Casual and Sick Leave) Act 1965

 

Weekend / Public Holiday Work Compensation Under State Law

Andhra Pradesh

Maharashtra

Karnataka

Uttar Pradesh

Rajasthan

Tamil Nadu

Gujarat

West Bengal

 

Weekend / Public Holiday Work Compensation in Andhra Pradesh

No State laws and provisions under this topic.

 

Weekend / Public Holiday Work Compensation in Maharashtra

No State laws and provisions under this topic

 

Weekend / Public Holiday Work Compensation in Karnataka

For workers in Shops and Commercial Establishments:

It is not lawful for an employer to call an employee at the establishment for any work in connection with the business of his establishment on a weekly holiday given to the employee.

Where an employee works on any holiday, they are entitled to twice the wages.

Source: Section 12 of the Karnataka Shops and Commercial Establishments Act, 1961; Section 5 of the Karnataka Industrial Establishments (National and Festival Holidays) Act, 1963

 

Weekend / Public Holiday Work Compensation in Uttar Pradesh

No state laws under this category.

 

Weekend / Public Holiday Work Compensation in Rajasthan

For Construction Workers:

If an employee willingly decides to work on a rest day, they must take a rest day in the 5 days before or after their rest day spent working. The wages for a rest day on which the worker has worked are paid according to the overtime rate.

Source: Section 62 of the Rajasthan Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Rules, 2009

 

Weekend / Public Holiday Work Compensation in Tamil Nadu

For construction workers:

Building and construction workers are entitled to one rest day per week. A worker can be made to work on a rest day, only in case they have taken a rest day in the preceding or proceedings 5 days.

In any case, no worker is allowed to work for more than 10 days at a stretch without a rest day. Workers ought to have taken a day of rest before or after a night shift. A day is considered to be an uninterrupted period of 24 hours from the end of the shift.

Under special permissions, daily spread hours could be increased to 15 hours a day and 60 hours a week, the maximum span without a leave then being 14 days. Work done under this provision would be paid at a rate twice of the normal wages for hours done in a day, week or on rest days.

Source: Tamil Nadu Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Rules, 2006 

For workers in Industrial Establishments:

Workers of industrial establishments are to receive nine paid holidays, four of them being – 26th of January, 1st of May, 15th of August, and the 2nd of October. The other five holidays are to be decided by the concerned authority after consultation with employers and employees. In case of working on any of the said holidays, the worker is entitled to twice the wage, or wages for such day and to avail a substitute holiday with wages (on one of the three days immediately before or after the day on which they work). Workers ought to have completed 30 days in an establishment to avail the holidays and compensations, other than the four national holidays.

Source: Tamil Nadu Industrial Establishments (National, festival and special holidays) Act, 1958

 

For workers in Shops and Commercial Establishments:

For workers subject to the Shops and Establishments Act of Tamil Nadu, weekly leave entails one full day and one half-day leave in a week. No deduction should be made in the wages for these days. Even in case of a worker not being employed under an arrangement that they would receive payment for the set days, they should be paid as though the establishment was closed.

Source: Tamil Nadu Shops and Establishments Act, 1947

 

Weekend/ Public Holiday Work Compensation in Gujarat

No employee should work in any establishment, nor should any employer knowingly permit an employee to work in any establishment, on a day on which the employee is given a holiday or is on leave in accordance with the provisions of this Act.

Source: Section 65 of the Bombay Shops and Establishments Act, 1948

 

Weekend/ Public holiday work compensation in West Bengal

No State laws and provisions under this topic.

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