Am I entitled to overtime pay for working beyond normal hours?

Question

My employer makes me work more than 9 hours a day without extra pay and I want to know what the law says about overtime. I would like to understand which provision governs this, what it entitles me to, and how long I have before the remedy lapses. I also want to know whether I need a lawyer for this or can do it myself.

MyVakeel Legal Desk · Accepted Answer

In India, the answer to "Am I entitled to overtime pay for working beyond normal hours?" turns on Code on Wages 2019, Section 13, Factories Act 1948, Section 59 and Shops and Establishments Act (State). The points below set out the position and then what to do about it, in the order it should be done.

Section 13 of the Code on Wages 2019 caps normal working hours and requires that any work beyond the notified normal working day be paid as overtime at a rate not less than twice the ordinary rate of wages.

Section 59 of the Factories Act 1948 similarly mandates double the ordinary rate of pay for hours worked beyond 9 hours a day or 48 hours a week in a factory, and total hours including overtime cannot exceed the prescribed weekly ceiling.

The state Shops and Establishments Act applicable to your workplace fixes daily and weekly hour limits for commercial establishments and prescribes similar overtime multipliers, though rates vary by state.

Salaried employees in managerial or supervisory roles above a notified wage ceiling are often excluded from statutory overtime protection, so the applicability depends on your designation and actual duties, not just your job title.

An employer who fails to maintain attendance and overtime registers as required under these laws can be penalised, and such records are also the primary evidence an employee needs to prove an overtime claim.

In practice, in this order: 1) Maintain your own record of daily hours worked, ideally corroborated by biometric or email timestamps; 2) Check whether your establishment is covered under the Factories Act or the state Shops and Establishments Act; 3) Send a written overtime claim to HR referencing the applicable hours and rate; 4) Approach the labour inspector or Payment of Wages Authority if the employer refuses to pay.

Timing matters here: Code on Wages 2019, Section 13 works on limitation periods, so a overtime pay claim that is right on the merits can still fail if it is brought late. You can post the details on the MyVakeel forum for a practising advocate to review, or book a paid consultation with a Bar Council verified lawyer in labour law.