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STATUTORY PAYROLL & LABOUR LAW COMPLIANCE

Overtime Pay & Double Wages Calculator (Section 59)

Accurately calculate employee overtime wages under Section 59 of the Factories Act, 1948 and State Shops and Commercial Establishments Acts at twice the ordinary rate of wages (2.0x double rate), with standard 26-day divisor, rest day holiday rates, and quarterly 50/115/125-hour compliance auditing.

Quick Employment Presets

1. Wage & Shift Particulars

Enter employee base salary structure, working day divisor, and shift schedule

₹

Include Basic Pay + Dearness Allowance (DA); exclude bonus and HRA

Factories Act standard is 26 days (excluding 4 Sundays); use 30 for commercial staff

Standard daily working hours (usually 8 hours; max 9 hours u/s 54)

2. Overtime Hours & Rate Multipliers

Specify weekday overtime, rest day/holiday hours, and applicable multipliers

hrs

Hours worked beyond standard daily shift or weekly 48-hour threshold

hrs

Overtime hours worked on scheduled weekly off days or national holidays

x

Factories Act Sec 59 mandates 2.0x (Double Pay)

x

Statutory 2.0x or contractual 2.5x for festival / Sunday work

Keep at 1 for individual employee pay slip; increase for team/shift costing

3. Quarterly Compliance Audit

Track overtime against statutory limits under Section 64/65 of the Factories Act

hrs

Accumulated overtime hours already worked in the current calendar quarter

Overtime Earnings & Payout Summary

Total Overtime Wages Payable₹7,000.00
Base Hourly Rate
₹125.00/hr
Weekday Overtime Earnings
₹5,000.00
Rest Day / Holiday Earnings
₹2,000.00
Overtime Share of Gross Pay
21.21%
Gross Total Earnings (Base + OT):₹33,000.00
Statutory Overtime Rate (2.0x):₹250.00/hr

Wage Component & Rate Schedule

ComponentRate / Hour (₹)Hours WorkedEarnings (₹)
Standard Wages₹125.00208 hrs₹26,000.00
Weekday Overtime (2.0x)₹250.0020 hrs₹5,000.00
Rest Day / Holiday OT₹250.008 hrs₹2,000.00
Gross Total Earnings-236 hrs₹33,000.00
✅Statutory Labour Law Compliance AuditQuarterly OT: 28 / 50h
  • Complies with Section 59 of the Factories Act (Double the ordinary rate of wages).
  • Quarterly overtime (28 / 50 hrs) is within statutory limits.
  • Divisor of 26 days applied to compute daily wage (Factories Act standard: 26 working days excluding weekly rest days).
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Frequently asked questions

What is the statutory overtime rate in India under the Factories Act, 1948?

Under Section 59 of the Factories Act, 1948, any worker who works for more than 9 hours in any day or more than 48 hours in any week must be paid overtime wages at TWICE the ordinary rate of wages (200% or 2.0x). Paying standard 1.0x or 1.5x in a factory is a direct violation of labor laws.

Why is a 26-day divisor used to calculate the hourly wage instead of 30 or 31 days?

In Indian labor jurisprudence (confirmed by the Supreme Court in standard wage cases), a month contains approximately 26 working days and 4 weekly rest days (Sundays). Because workers receive paid weekly offs, the ordinary daily rate of pay for monthly-rated workers is derived by dividing monthly basic wages and DA by 26: Daily Wage = Monthly Wage / 26.

What components of salary are included in the 'ordinary rate of wages'?

According to Section 59(2), ordinary rate of wages includes Basic Pay, Dearness Allowance (DA), and the cash equivalent of food grain concessions. It strictly excludes performance bonuses, annual incentives, commissions, and overtime pay itself.

What are the legal limits on total overtime hours in a quarter?

Under Section 64 and 65 of the Factories Act, the total overtime hours for any worker shall not exceed 50 hours in any calendar quarter. However, several states (including Maharashtra, Gujarat, Tamil Nadu, Uttar Pradesh, and Haryana) have amended their state factory rules to increase this limit to 115 or 125 hours per quarter to facilitate industrial flexibility.

What is the overtime rate for working on a weekly rest day or national holiday?

Under Section 52 of the Factories Act, if a worker is required to work on their weekly rest day, they must receive a compensatory off day within 3 days before or after, plus overtime wages at 2.0x. For work on National Holidays (e.g. Republic Day, Independence Day, Gandhi Jayanti), state National and Festival Holidays Acts mandate double wages (2.0x) or regular wages plus a paid substitute off.

Does statutory overtime apply to managerial and executive staff?

No. The Factories Act overtime provisions apply specifically to 'workers' as defined under Section 2(l) (persons employed directly or through an agency in any manufacturing process or related work). Persons employed in a purely managerial, administrative, or confidential capacity are generally exempt under state rules.

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