Application of the Overtime Provision:
The provision of Overtime under
the State Shop act is applicable to every employee working in the
establishment, whether wholly or mainly employed on wages and hired in
connection with any work of any nature but the said provision is not available
in the act for the employees who occupy confidential, Managerial or supervisory
position.
Please note that employee will
not disqualify from the Provisions of Overtime merely because of Nomenclature
of the designation but the nature of the job responsibilities will be accounted
to determine.
Overtime Permitted Hours:
Regular working hours on any day
is 8 Hours or 48 Hours in a week, which should not exceed 10 hours including
Overtime any day (except on a day of stock taking or making of accounts).
However, total Number of Overtime Hours should not exceed 50 in a quarter.
The Expression of “Any day” is
interpreted in the act as “any day other then Holiday” which means work done on
Holiday is overtime.
Total Spread-over including Lunch
/ Rest time or Overtime should not be more that 12 hours a day.
Overtime Calculation:
Any employee who has performed
overtime work is eligible for Wags at twice the ordinary rate for every
overtime work.
Wages are defined in the act as
Basic plus such allowances, including the cash equivalent of the advantage
accruing through the concessional sale to employee of food grains and other
articles, as the employee is for time being entitled to but not includes bonus.
Reference:
The Uttar Pradesh Dookan Aur
Vanijya Adhishthan Adhiniyam, 1962
Definitions under The Act,
Section 3-9
Uttaranchal (Uttar Pradesh Shops
& Commercial Establishments Act 1962) Order 2001
Definitions under The Act,
Section 3-9 and Rule 5-9
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