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 39
CALCULATION 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
2/17
th
OF THE
AMOUNT OF
DAILY WAGES

1/8
TH
OF THE
AMOUNT OF
DAILY WAGES
1/48
TH
OF THE
AMOUNT OF
WEEKLY
WAGES
1/20
TH
OF THE
AMOUNT OF
MONTHLY
WAGES
SECTION 40
REGISTER 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.