I am not being paid overtime in my Manali job — what is the legal rate?
ME Asked by Meera Krishnan from India
Quick Answer
Overtime is payable at twice the ordinary rate of wages under the Factories Act, 1948 and the Himachal Pradesh Shops and Establishments Act, Himachal Pradesh Rent Control Act 2012, for hours worked beyond the statutory limit in Manali.
Detailed Legal Analysis
Overtime is payable at twice the ordinary rate of wages under the Factories Act, 1948 and the Himachal Pradesh Shops and Establishments Act, Himachal Pradesh Rent Control Act 2012, for hours worked beyond the statutory limit in Manali. The maximum working hours are nine per day and 48 per week, with overtime for excess hours.
Claims can be filed with the labour commissioner, with appeals to the Himachal Pradesh High Court. The Minimum Wages Act, 1948 also provides for overtime rates for scheduled employments.
Maintain attendance records and payslips to substantiate the claim. The employer cannot give compensatory off in lieu of overtime pay without consent.
Legal Provisions Referenced
Verify the current statutory text at India Code (the official repository of Indian legislation) or the Legislative Department. This answer is general legal information, not advice on your specific matter.
Disclaimer: AI-generated for educational purposes only. Does not constitute legal advice. Consult a qualified practitioner.