1)an employee who work over 104hrs(everyday 4 hrs OT) in a month & we have paid the OT according EA formula. but from the employment regulation limit of OT is 104hrs in any month. how should we do ?
2)if the offer letter stated nature of work is 48 hrs per week (didn't stated specify rest day), if the employee worked different OT hour everyday in a week. so which day i should calculate for the rest day OT?(highest or lowest OT hour in a day?)
1. You will have to apply to the Labour Department for permission to exceed the 104 hours limit. See Section 60A(4) of the Employment Act
2. Employers are supposed to fix the rest days for their employees as mentioned in Section 59(2) quoted below. Rest day must be stated in the appointment letter.
" ....59(2) The employer shall prepare a roster before the commencement of the month in which the rest days fall informing the employee of the days appointed to be his rest days therein, and where the same day in each week has been appointed as the rest day for all employees in the place of employment, the employer may, in lieu of preparing a roster, display a notice at a conspicuous place in the place of employment informing the employee of the fixed rest days so appointed. ..."
I suggest you read Section 60A of the Employment Act for better understanding of working hours. Use link http://pesaraonline.net/section60a.htm
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