I am not being paid overtime in my Bangalore job — what is the legal rate?

Detailed Legal Analysis

The legal rate for overtime pay in Bangalore, and across India, is typically set at twice the ordinary rate of wages as per the provisions of the Factories Act, 1948, and the Minimum Wages Act, 1948.

In India, the regulation of overtime pay is primarily governed by the following laws:

• Factories Act, 1948: This Act applies to factories and certain other establishments. It mandates that if a worker works beyond the prescribed working hours, they are entitled to overtime pay at:
• Twice the ordinary rate of wages for any work done beyond the 48-hour week.
• Minimum Wages Act, 1948: This Act ensures that workers receive minimum wages as determined by the respective state governments. In Karnataka, the minimum wages vary depending on the industry and type of work. If your overtime pay exceeds the minimum wage, it should still be calculated at double the minimum wage rate for hours worked beyond the standard working day.

Here are the steps you should follow if you are not being paid overtime:

• Review Your Employment Contract: Ensure the terms regarding working hours and overtime pay are clearly stated.
• Check the Applicable Minimum Wages: Consult the Karnataka Minimum Wages Notification to determine the minimum wage applicable to your role.
• Document Your Overtime Hours: Keep a detailed record of the hours worked beyond the standard working hours.
• Speak to Your Employer: Raise the issue directly with your employer or HR department to seek clarification on the non-payment of overtime.
• File a Complaint: If your issue remains unresolved, you can file a complaint with the Labour Commissioner or the relevant authority under the Factories Act.

Additionally, if you're employed in a sector not covered by the Factories Act, you may still be protected under the Payment of Wages Act, 1936, which mandates timely payment of wages and may include overtime provisions depending on the employment agreement.

It is advisable to seek legal assistance or approach a labour union for guidance if you encounter resistance from your employer regarding overtime payments.