Rule 25. Extra Wages for Overtime under section 27

(A) For Factories

(1) Where a worker works in a factory for more than eight hours in any day or for more than fortyeight 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.

(2) For the purposes of sub-rule (1), 'ordinary rate of wages' means the basicwages 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 time being entitled to. but does not include a bonus and wages for overtime work.

(3) Where any workers in a factory arc paid on piece rate bases, the time rate shall be deemed to be equivalent to the daily average of their full time earings for the days on which they actually worked on the same or identical job during the month immediately preceding the calendar month during which the overtime was done, and such time rates shall be deemed to be the ordinary rntes of wages of those workers:

Provided that in case of a worker who has not worked in the immediately preceding calendar month on the same job, the time rate shall be deemed to be equivalent to the daily average of the comings of worker for the days on which he actually worked in the week in which the overtime work was done.

Explanation. - For the purposes of this sub-section in computing the earnings for the days on which the worker actually worked 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 time being entitled to, shall be included but any bonus or wages for overtime work payable in relation to the period with reference to which the earning are to be computed shall be excluded.

(4) The cash equivalent of the advantage accruing through the concessional sale to workers of food grains and other articles shall be computed as often as may be prescribed on the basis of the maximum quantity of foodgrains and other article admissibleo a standard family.

Explanation I. - "Standard family' means a family consisting of the worker, his or spouse and two children below the age of fourteen years requiring in all three adult consumption units.

Explanation 2. - "Adult consumption unit' means the consumption unit of a male above the age ol fourteen years; and the consumption unit of the lemale above the age of fourteen years and that of a child below the age of fourteen years shall be calcilated at the rale of 8 and 6 respectively of one adult consumption unit.

(5) Muster-roll for exempted factories. -The Manager of every factory-

(a) which is exempted under section 128 of the Code. or

(b) in which workers are exempted under section 25(b) shall keep a muster roll in Form 11 showing the normal piece work rate of pay, or the rate of pay per hour, of all the exempted workers in the factory. In this muster roll shall be correctly entered the extent of overtime worked by each worker together with the overtime earnings in respect thereof and the dates of the payment of such earning. The muster roll in Form 11 shall always be available, and produced for inspection whenever required by an Inspector.

(6) Overtime Slips. - Any work done by a worker beyond the normal specified periods of work shall be entered in the overtime slips in duplicate indicating tiherein, the actual period of overtime worked by him. A copy of such overtime slip duly signed by the manager ouby a person duly authorized by in that behalf, shall be given to the worker immediately after completion of the overtime work:

Provided that if the Chief Inspector-cum-facilitator of Factories is satisfied that because of the nature of work carried out in the factory, it is not possible to issue daily slips to the workers he may permnit issue of weekly slips to the workers.

(B) Extra Wages for Overtime for Building or other Construction work/ establishment (-) Where a worker works in a Building or other Construction work / establishment for more than eight 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 and shall be paid at the end of each wage period.

(2) In calculating overtime on any day, a fraction of an hour between 15 to 30 minutes shall be counted as 30 minutes and in case of more than 30 minutes it shall be rounded and shall be counted as an hour on actual basis.

(3) In calculating the wages or earnings in the case ofa worker paid by the month, the daily wages shall be 1/26th of his monthly wages; and in the case of any other worker it shall be the daily wages or earnings as the case may be.

(4) The spread over for the building workers shall exceed twelve hours in any one day under the following works and circumstances in building or other construction work, namely: -

(a) urgent repairs;

(b) work in the nature of preparatory or complimentary work;

(c) work which is necessarily so intermittent that the intervals during which they do not work while on duty ordinarily amount to more than the intervals for rest;

(d) work which for technical reasons must be carried on continuously:

(c) engaged in making or supplying articles of prime necessity which must be made or supplied every day,

(f) engaged in a process which cannot be carried on except during fixed seasons;

(g) engaged in a process which cannot be carried on except at times dependent on the irregular action of natural forces;

(h) engaged in an engine-rooms or boiler-houses or in attendingtopower-plant or transmission machinery;

(i) engaged in process on account of the break-down of machinery; () engaged in the loading or unloading of railsay wagons or lorries or trucks;

(k) exceptional press of work and () engaged in any work, which is notified by the Central Government or State Government in the Official Gazette as a work of national importance;

Provided that no worker shall be allowed to work overtime exceeding one hundred twenty-five hours in any quarter of a year.

(5) Where the working hours in respect of a building worker employed in building or other construction work have exceeded the hours of work as laid down in sub-rule (1) of rule 33(B) or where such worker has been deprived of a rest day due lo application of sub-rule (3) of this rule, such worker shall be paid at double the rate of normal wuges in respect of the work done in excess of such daily or weekly hours and for work done.