What can I do about unpaid overtime wages?

You are legally entitled to overtime wages, usually at twice the ordinary rate, for hours worked beyond the statutory limit. An employer who requires extra hours must compensate you for overtime as prescribed by labour law.

Key points

• Work beyond the prescribed daily or weekly hours qualifies as overtime and must be paid at the statutory overtime rate.
• The overtime rate is generally twice the ordinary wage rate.
• The applicable rules depend on whether you are covered by the Factories Act or the state Shops and Establishments Act.
• Maintain records of your working hours as evidence of overtime.
• Non-payment of statutory overtime can be challenged before labour authorities.

Relevant law

Overtime for factory workers is governed by Section 59 of the Factories Act, 1948 (double the ordinary rate). Shop and establishment employees are covered by the applicable Uttar Pradesh Shops and Commercial Establishments Act. The Code on Wages, 2019 and Occupational Safety, Health and Working Conditions Code, 2020 also address overtime.

What you can do

• Keep a detailed record of your daily working hours and any overtime performed.
• Raise a written claim with your employer for the unpaid overtime.
• File a complaint with the Labour Commissioner in Noida if it remains unpaid.
• Consult a labour law advocate in Noida to recover overtime dues.