OT Wages And Late Salary Payment Problem | Vkeel - Free Legal Advice

Ayaka

Mumbai

My company had not issued salary slips for last 5 years despite I had asked to provide properly. Recently they finally issued and provided the salary slips for last 5 years and I found that OT wages have been calculated 1.5 times of BASIC pay (other allowance not included). And for last 5 years, my salary have been paid on later than the 7th day of suceeding month. (it has been paid 25th day of suceeding month) I pointed out to the company that the calculation have been wrong. Is it should be double the rate of ordinate monthly salary (basic + allowance), right. I would like to know the details how OT wages should be calculated under Indian labour law. May I get unpaid OT wages with an interest from the company. And may I get some compensation for delayed salary payment as well. I need the help from professionals. Thank you.

Expert's Answers(3)

xxxxx cxxxxx
Bengaluru, Karnataka

184 Client Ratings

Dear Sir Individually you cannot fight. You may approach labor commissioner through your labor union.

May 24, 2021
Advocate Ankur Goel
Bangalore, Karnataka

7 Client Ratings

- waiting 5 years is very long. - If number of hours exceed 48 hrs/week then you can claim double of basic for OT . - You can ask for interest for salary delay. - If company does not pay then you have to go to labour commissioner.

May 24, 2021
Advocate Anik
Bengaluru, Karnataka

66 Client Ratings

Hi, As per S.33 of the Minimum Wages Act, the overtime wages are to be paid at the rate of twice the ordinary rates of wages of the worker. Also the worker must be paid double the rates when the working hours exceed 48 hours per week. And yes you can claim interest for the delay in payment of salary. If you found my answer helpful then kindly rate me.

May 23, 2021