Labour Law & Compliance · Glossary

Overtime (OT)

Also called: OT, extra duty, double duty pay

Definition

Overtime is work performed beyond the legal daily or weekly limit of working hours, which in India is generally 9 hours a day or 48 hours a week. Overtime must be paid at not less than twice the ordinary rate of wages under the Factories Act and the Code on Wages. The hourly rate is usually derived by dividing the monthly wage by 26 days and then by 8 hours.

When work becomes overtime

Under the Factories Act (s.59), a worker who works more than 9 hours in a day or 48 hours in a week is entitled to overtime wages at twice the ordinary rate. The Code on Wages and the OSH Code carry the same double rate forward for all establishments they cover, with the daily limit to be notified by the appropriate government within the 48-hour week. Shops and Establishments Acts set state-specific triggers, usually also 9 a day and 48 a week.

Overtime is also subject to caps on total quarterly hours and, under the OSH Code, requires the worker's consent. Overtime cannot be used to make a 12-hour shift permanent; a 12-hour post worked six days a week is 72 hours and breaches every limit regardless of payment.

How the overtime rate is calculated

The ordinary rate is the basic wage plus dearness allowance and other cash allowances that form part of wages, excluding bonus and overtime itself. For a monthly wage, common practice is: hourly rate = (monthly wage ÷ 26) ÷ 8; overtime rate = hourly rate × 2. Some employers divide by 30 and 8 for monthly-salaried staff; the divisor should be written into the wage policy and applied consistently.

Under the Code on Wages, the 50% wages rule also affects which components enter the ordinary rate. Use the overtime pay calculator to test your formula, and read the overtime calculation formula guide for the statutory detail.

  • Hourly rate = (monthly wages ÷ 26) ÷ 8 for daily-rated and minimum-wage workers.
  • OT rate = hourly rate × 2 (statutory minimum).
  • Count OT in minutes worked beyond shift end, after any grace or rounding rule stated in policy.
  • Weekly OT: hours beyond 48 in the week even if no single day exceeded 9.

Approval, recording and payroll

Overtime should be approved before or immediately after it is worked, recorded against the shift and the day, and shown in the overtime register that the Factories Act (s.62) and state rules require. Unapproved punches beyond shift end are the main source of payroll disputes: the worker says they stayed on instruction, the supervisor says they were chatting at the gate.

A clean process derives overtime from attendance (out-punch minus rostered shift end, minus policy grace), routes it to the supervisor for approval, and only approved minutes reach payroll. Security agencies additionally need overtime by site so that it can be billed to the client where the contract allows.

Example: factory helper on ₹15,600 per month

Monthly wage ₹15,600 ÷ 26 = ₹600 per day; ÷ 8 = ₹75 per hour; overtime rate ₹150 per hour. In a week the helper works 9 hours on five days and 12 hours on Saturday. Saturday has 3 hours beyond the daily limit, so OT = 3 × ₹150 = ₹450. Weekly hours are 57, and the 9 hours beyond 48 include the same 3 hours plus 6 more that arose from 9-hour days; whether those 6 hours are OT depends on whether the 9-hour day is within the notified limit, which it is under the Factories Act.

How Attend Mitra handles this

Attend Mitra calculates overtime per shift template from actual punches, applies your grace and rounding rules, and sends the minutes to a supervisor approval queue. Approved overtime flows into payroll-ready reports and, for security agencies, into site-wise man-hour exports for client billing. Rates and divisors are set in payroll settings, not hard-coded.

Frequently asked questions

What is the overtime rate in India?
Not less than twice the ordinary rate of wages. The Factories Act s.59 and the Code on Wages both fix the double rate. The ordinary rate includes basic, DA and cash allowances that count as wages, but excludes bonus and overtime. Some state Shops and Establishments Acts also fix double rate; none permits less than the statutory minimum.
How is the hourly rate for overtime calculated?
The usual formula for daily-rated and minimum-wage workers is monthly wage ÷ 26 ÷ 8, giving the hourly rate, which is then doubled. For monthly-salaried staff some companies divide by 30 or by calendar days. State minimum-wage notifications often specify the divisor for their rates. Fix one method in policy and apply it consistently.
Is overtime mandatory for employees?
The OSH Code 2020 makes overtime consent-based: an employer needs the worker's consent to require overtime. Total overtime is also capped per quarter by rules. Employees who work overtime must be paid at the double rate; the employer cannot substitute compensatory time off for statutory overtime wages unless the law or a settlement specifically permits.
Does overtime apply to monthly-salaried staff?
Yes, if they are 'workers' or 'employees' under the applicable Act and work beyond the limits. Managerial and supervisory staff above the wage threshold in the Code on Wages are excluded from some provisions. Many companies exclude supervisors by policy, but the exclusion must match the legal definition, not just the designation.
Can overtime be paid at single rate or as comp-off?
Not for statutory overtime. Hours beyond 9 a day or 48 a week must be paid at double rate. Comp-off is appropriate for work on a holiday or weekly off where the law provides a substituted holiday, and for hours within the legal limit that policy chooses to reward. Mixing the two leads to underpayment claims.

Related terms

Spread-Over
Spread-over is the total time span of an employee's working day measured from the first start of work to the final finish, including all rest intervals and unpaid breaks. Indian labour law caps it: the Factories Act limits spread-over to 10.5 hours a day (s.56), and state Shops and Establishments Acts set their own ceilings, commonly 10.5 to 12 hours.
Weekly Off
Weekly off is the one day of rest in every seven that Indian labour law guarantees to workers. The Factories Act (s.52) and state Shops and Establishments Acts require it, allow substitution within limits, and prohibit more than ten consecutive working days without a rest day. Whether the day is paid depends on the wage basis: it is built into monthly salary and excluded from daily-rate wages.
Night Shift Allowance
Night shift allowance is an extra payment made to employees for each night shift worked, compensating for the inconvenience and health cost of working at night. It is set by company policy or industry award rather than a single central law, is separate from statutory overtime, and is usually a flat amount per night or a percentage of basic wage. It is taxable as salary.
Compensatory Off (Comp Off)
Compensatory off is a paid day off granted to an employee who worked on a weekly off or a declared holiday, in lieu of that lost rest day. The Factories Act requires compensatory holidays when a worker is deprived of the weekly holiday, to be given within the same month or the two months following. Comp off is distinct from overtime pay, which compensates extra hours with money rather than time.
‘Wages’ Definition and the 50% Rule
Under the four Labour Codes, ‘wages’ means basic pay, dearness allowance and retaining allowance, and these must together be at least 50% of an employee's total remuneration. If excluded allowances such as HRA, conveyance and bonus exceed 50%, the excess is added back to wages. This single definition now drives EPF, gratuity, bonus and overtime calculations across India.
Man-Hours (Man-Days)
A man-hour is one hour of work by one person; a man-day is one person's full working day, conventionally eight hours. Man-hours are computed from attendance by summing each person's worked hours across a period, and they are the unit in which security agencies, facility-management and labour contractors bill clients, estimate projects and compare productivity across sites.

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