Right to Overtime Pay
Workers are entitled to double wages for overtime work beyond standard hours.
🗣️ What this means for you
If you work more than 9 hours in a day or 48 hours in a week, your employer must pay you overtime at twice your normal wage rate. You cannot be forced to work more than 12 hours in any day (including overtime). Overtime must be voluntary and compensated — not doing so is illegal.
Step-by-Step Action Plan
Maintain a personal record of your daily working hours, including overtime hours.
Check your salary slip to see if overtime is being calculated at double the rate.
Raise the issue in writing with your employer or HR department.
If unpaid overtime continues, file a complaint with the Factory Inspector or Labour Inspector of your area.
File a claim before the authority under the Payment of Wages Act for recovery of unpaid overtime wages.
For establishments not covered under the Factories Act, check your state's Shops and Establishments Act for applicable rules.
⚖️ The Relevant Law
Factories Act, 1948 (1948)
Section 59
"Where a worker works in a factory for more than nine hours in any day or for more than forty-eight hours in any week, he shall, in respect of overtime work, be entitled to wages at the rate of twice his ordinary rate of wages."
⚠️ Punishment / Penalty
Fine up to ₹2 lakh for the first contravention. For continued contravention, fine up to ₹5 lakh. Repeated violations can lead to imprisonment.
Required Documents
- 📄Record of daily working hours
- 📄Salary slips showing overtime (or lack thereof)
- 📄Employment contract mentioning work hours
- 📄Attendance register or biometric records
- 📄Any written communication about overtime