Rule 52. Extra wages and conditions for overtime under section 27

(1) Where, in an establishment, a worker works for more than eight hours in any day or for more than forty-eight hours in any week, as the case may be, he shall in respect of such 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 of a 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) Workers may be allowed to work on overtime for more than the normal hours of work subject to following circumstances and conditions, 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;

(e) 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 attending to power-plant or transmission machinery;

(i) engaged in process on account of the break-down of machinery;

(j) engaged in the loading or unloading of railway wagons or lorries or trucks;

(k) exceptional press of work; and

(l) engaged in any work, which is notified by the State Government in the Official Gazette as a work of public importance.

(5) A worker may be allowed to work overtime in any working day subject to the following conditions-(a) there shall be no overlapping of shifts for such hour of overtime in case of a factory;

(b) the worker shall be intimated in writing or electronically for such hours of overtime before he starts working for such hours and he shall be handed over the overtime slip in duplicate signed by the manager or the authorized person stating the period and duration of work for the day;

(c) a worker shall not be allowed to work on overtime more than 5 days at one stretch;

(d) employer shall ensure that such extra hour will not affect the health and safety of workers adversely owing to engagement in dangerous operations or hazardous processes in case of a factory;

(e) consent of worker for overtime shall be taken, in writing;

(f) overtime is allowed for urgent work to be done to machinery or plant or else, or in case of “force majeure” , or preparatory or complementary work which requires such extra time in case of a factory.

(6) Total number of hours of work in any day shall not exceed ten hours.

(7) The period of work of a worker shall be so arranged that inclusive of his intervals for rest, shall not spread over for more than twelve hours in a day:

Provided that total number of hours of overtime shall not exceed one hundred and fifteen hours in any quarter of a year which may be extended up to one hundred and forty four hour with the prior approval of the State Government for any class of establishment.