18Wages for overtime work
(1) Where any employee employed in any industrial premises is required to work overtime, he shall be entitled in respect of such overtime work, to wages at the rate of twice his ordinary rate of wages.
(2) Where the employees in an industrial premises are paid on a piece-rate basis, the overtime rate shall be calculated, for the purposes of this section, at the time rates which shall be as nearly as possible equivalent to the daily average of their full time earnings for the days on which they had actually worked during the week immediately preceding the week in which the overtime work has been done.
1 [Explanation.--Where an employee had not worked on any day of the week immediately preceding the week in which the overtime work has been done, any week preceding such week in which he had actually worked shall be taken into account in calculating the overtime rate for the purposes of this sub-section.]
(3) For the purposes of this section, "ordinary rates of wages" means the basic wages plus such allowance, including the cash equivalent of the advantage accruing through the concessional sale to the employees of foodgrains and other articles as the employee is for the time being entitled to but does not include bonus.
(4) The cash equivalent of the advantage accruing through the concessional sale to an employee of foodgrains and other articles shall be computed as often as may be prescribed on the basis of the maximum quantity of foodgrains and other articles admissible to a standard family.
Explanation I.--"Standard family" means a family consisting of the employee, his or her spouse and two children requiring in all three adult consumption units.
Explanation II.--"Adult consumption units" means the consumption unit of a male above the age of fourteen years; and the consumption unit of a female above the age of fourteen years and that of a child shall be calculated at the rate of eight-tenths and six-tenths, respectively, of one adult consumption unit.
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1. Ins. by Act 41 of 1993, s. 5 (w.e.f. 22-5-1993).
- 1 Short title, extent and commencement
- 2 Definitions
- 3 Industrial premises to be licensed
- 4 Licences
- 5 Appeals
- 6 Inspectors
- 7 Powers of Inspectors
- 7A Inspector not to disclose the source of any complaint, etc
- 8 Cleanliness
- 9 Ventilation
- 10 Overcrowding
- 11 Drinking water
- 12 Latrines and urinals
- 13 Washing facilities
- 14 Creches
- 15 First aid
- 16 Canteens
- 17 Working hours
- 18 Wages for overtime work
- 19 Interval for rest
- 20 Spread over
- 21 Weekly holidays
- 22 Notice of periods of work
- 23 Hours of work to correspond with notice under section 22
- 24 Prohibition of employment of children
- 25 Prohibition of employment of women or young persons during certain hours
- 26 Annual leave with wages
- 27 Wages during leave period
- 28 Application of the Payment of Wages Act, 1936 to industrial premises
- 29 Special provisions
- 30 Onus as to age
- 31 Notice of dismissal
- 32 Penalty for obstructing Inspector
- 33 General penalty for offence
- 34 Offences by companies
- 35 Indemnity
- 36 Cognizance of offences
- 37 Application of the Industrial Employment (Standing Orders) Act, 1946 and the Maternity Benefit Act, 1961
- 38 Certain provisions not to apply to industrial premises
- 39 Application of the Industrial Disputes Act, 1947
- 40 Effect of laws and agreements inconsistent with this Act
- 41 Power to exempt
- 42 Powers of Central Government to give directions
- 43 Act not to apply to self-employed persons in private dwelling houses
- 44 Power to make rules