WEST BENGAL SHOPS AND ESTABLISHMENT ACT,1963

SECTION 37- OVERTIME

• According to the section 37(1) every person employed in a shop may be required to work overtime to cope up with sudden spurt of business transaction during the period and occassions as mentioned below:

• DURGA PUJA: a period not exceeding 28 days ending on the day of Navami puja.

• DIWALI: a period not exceeding 7 days ending on the day of Dewali

• X-MAS: a period not exceeding 7 days ending on the day of x-mas

• ID-UL-FITR: a period not exceeding 7 days ending on the day of id-ul-fitr• Such other occassions as the State Govt. may after taking into

consideration their nature and importance, specify ; in this behalf by notification.

SECTION -38 NOTICE OF OVERTIME

• A shopkeeper or an employer shall give notice in Form T of his intention to require a person employed to work overtime on any day at least 24 hours before such day:

• Where the shop or establishment is situated in Kolkata , to the Chief Inspector

• Where the shop or establishment in any other area , to the Inspector having jurisdiction of such area.

• Provided that if owing to urgency of business , it is not possible for the employer in any estd to give such advance notice , the employer shall post the notice within 24 hours of the completion of overtime work by the person employed concerned

FORM T

Notice of Overtime

Name of the shop/estd ………………………………………………………………………………………………………………………..

Registration no. ……………………………………………………………………………………………………………………………………

Address …………………………………………………………………………………………………………………………………………………

To

The

Sir ,

Please take notice that the person named below will work / have worked overtime on the days mentioned against each of them as ……….. ( here mention the reason ).

Name of the person employed ……………………. Days on which overtime ……………… work will be/have been done.

-------------------------------------------------------

Signature of the shopkeeper/ employer

Date ……………………………..

SECTION 39CALCULATION OF ORDINARY RATE OF

OVERTIME WAGE• The ordinary rate of overtime wage

shall be calculated in the manner specified in Schedule IV.

*A month consists of 4 and half weeks on average =208 hrs per month.

PERSON EMPLOYED

IF THE PERSON IS EMPLOYED ON DAILY

WAGE AND PAID DAILY

IF THE PERSON IS EMPLOYED ON DAILY

WAGE AND PAID WEEKLY

IF THE PERSON IS EMPLOYED ON WEEKLY

WAGES

IF THE PERSON IS EMPLOYED

ON MONTHLY WAGES *

( 1) 2(a) 2(b) 3 4

A person employed in a

shop or establishment

2/17th OF THE AMOUNT OF DAILY WAGES

1/8TH OF THE AMOUNT OF DAILY WAGES

1/48TH OF THE AMOUNT OF

WEEKLY WAGES

1/20TH OF THE AMOUNT OF MONTHLY WAGES

SECTION 40REGISTER OF OVERTIME

• Every shopkeeper and employer shall maintain a register in FORM U showing the overtime work done in every month by each person employed.

FORM U

Register of Overtime Work

Name of the shop/estd ………………………………………………………………………………………………………………………..

Name of the shopkeeper/employer…………………………………………………………………………………………………….

Registration no. ……………………………………………………………………………………………………………………………………

Address …………………………………………………………………………………………………………………………………………………

For ( here insert the month and year to which it relates )………………………….

SERIAL NAME OF PERSONS

EMPLOYED

DATES ON WHICH

OVERTIME IS DONE

EXTENT OF OVERTIME

WORK ON EACH SUCH DATE

TOTAL OF THE OVERTIME

WORK DONE DURING THE

MONTH

1

2

3

COMPARISONS WITH MINES ACT,1952

• As per SECTION 31 no adult employed in the mine shall be allowed to work for more than forty eight hours in any week or for more than eight hours in any day except to facilitate the change of shits.

• As per Section 33 of the act where in a mine a person works above ground for more than nine hours in any day or works below the gorund for more than eight hours in any day or for more than forty eight hours in amy week irrespective of above the ground or below, shall be paid wages in respect of overtime at the rate of twice the ordinary rate of wages.

• Person employed on piece rate basis, the time rate shall be daily average of his full-time earnings for the days on which he actually worked during the week immediately preceding the week in which overtime work has been done,exclusive of any overtime and such time rate shall be deemed to be the ordinary rate of wages of such person.

• As per section 34 no person shall be allowed to work in the mine for more than ten hours in any day inclusive of overtime.

COMPARISONS WITH FACTORIES ACT ,1948

• A worker working for more than 9 hours on any day or for more than 48 hours in any week shall be entitled to wages in respect of such overtime work twice the ordinary rate of wages.

• As per section 64, the total working hours including overtime hours should not exceed sixty and the total overtime hours in a quarter should not exceed 50 .

• Period of overtime work and the date shall be entered in the overtime slip in duplicate ,a copy of which duly signed by the manager,or by a person duly authorised by him in this behalf ,shall be given to the worker immediately after the completion of the overtime work. A register of the overtime muster roll is also to be maintained in the prescribed form.