Your rights
Can my employer deny overtime payment?
Short answer
No. If you work more than 8 hours a day or 48 hours a week, the employer must pay overtime at twice the ordinary rate of wages.
Understanding the issue
Under the Factories Act Section 59 and the Code on Wages, if you work beyond the standard 8 hours per day or 48 hours per week, your employer is legally required to pay overtime wages at twice (2x) the ordinary rate. This applies to factory workers, shop and establishment employees, and other categories of workers covered under relevant labour laws. The employer cannot force you to work overtime without extra compensation. Overtime work must also comply with the maximum limit of 50 hours in a quarter for factory workers. If your employer denies overtime payment, file a complaint with the Labour Inspector or Labour Commissioner.
Laws that apply
- Factories Act — Section 59 (Overtime wages)
- Code on Wages
- Shops and Establishments Act (state-specific)