Rule 69: Wages for overtime

Finin2min analysis — operative rule mechanics

Full notified text — Rule 69

69. Wages for overtime.- (1) Where in an establishment-
          (a) a worker works for more than eight hours in any day as daily wager or
          (b) a worker, other than daily wager, for more than forty-eight hours in any week
                Worker shall in respect of such overtime work be entitled to wages at the rate of twice the rate
                of their 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 thirty minutes and in case of more than thirty 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 their monthly wages and in the case of any other worker it shall be the daily wages or
      earnings as the case may be.
  (4) The hours of work mentioned in Rule 64 may exceed under the followings works and circumstances
      in respect of dock, mine and building or other construction work, 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 or ships;
             (k) exceptional press of work; and
             (l)     engaged in any work, which is notified by the Central Government in the Official Gazette as
      a work of national importance:
                     Provided that no worker shall be allowed to work overtime exceeding one hundred forty-four
      hours in any quarter of a year:
                     Provided further that for overtime, a worker shall be paid wages as per section 27 of the Code
      at the end of each wage period.

Application and evidence

1. Primary statutory test — (1) Where in an establishment- (a) a worker works for more than eight hours in any day as daily wager or (b) a worker, other than daily wager, for more than forty-eight hours in any week Worker shall in respect of such overtime work be entitled to wages at the rate of twice the rate of their wages and shall be paid at the end of each wage period.
2. Additional operative limb — (2) In calculating overtime on any day, a fraction of an hour between 15 to 30 minutes shall be counted as thirty minutes and in case of more than thirty minutes it shall be rounded and shall be counted as an hour on actual basis.
3. Qualification / exception to test — Provided that no worker shall be allowed to work overtime exceeding one hundred forty-four hours in any quarter of a year:
4. Numerical or timing control — Wages for overtime.- (1) Where in an establishment- (a) a worker works for more than eight hours in any day as daily wager or (b) a worker, other than daily wager, for more than forty-eight hours in any week Worker shall in respect of such overtime work be entitled to wages at the rate of twice the rate of their wages and shall be paid at the end of each…
5. Code Section mapping — 25, 26, 27, 28, 29, 30, 31, 32. Read the mapped provision together with this text rather than treating the concordance as a substitute for it.
6. Evidence file — retain facts and records proving the role/status of: Worker, Central Government.

Cross-references & prescribed forms

Worked example

Q&A — Rule 69

Primary sources