New overtime rules, now companies will not be able to get work done as per their wish; Labor code gave these rights to employees

New Labor Codes Overtime Rules: Crores of people in the country work extra hours in the name of hustle even after completing their shift in the office. People often consider it a compulsion of career or loyalty towards the company. However, this extra time of yours is also valuable in the eyes of the law. India’s workforce is approximately 60 crore, in which a large number are youth, who often suffer financial losses along with their health in the race to earn more.

This ‘self exploitation’ And to stop the arbitrariness of the companies, the government has made many changes in the overtime rules through the new Labor Code. Now not only will the limit on working hours be fixed, but your wish and right to double salary will also be decided under the law.

How different is this from the Old Testament?

Earlier, the rules related to overtime and working hours were decided according to different laws and states. At some places the Factory Act was applicable, while at other places the Shops and Establishment Act was applicable, due to which there was a lot of confusion. Radhika Raichura, co-founder and CHRO of Helo.ai, said that the new labor code, especially the ‘Code on Wages’ And through ‘Occupational Safety, Health and Working Conditions Code’, these rules have been kept in one category.

Radhika clearly says that the new labor code does not reduce the rights related to overtime, but makes the rules more clear and uniform. Their objective is to make it easier for companies to follow the rules and provide equal protection to employees in every sector.

10-12 hours work in private sector

It is noteworthy that in the private sector, working for 10 to 12 hours in the name of more work has become a common practice, but the new rule is trying to stop this. KEKA’s CRO Tapan Ayarya says that if this work continues without any limit, then many people may become victims of serious diseases by the time they reach the age of 40-50. Due to this, the burden of insurance claims can increase so much that it will put pressure on the companies and the entire healthcare system.

He said that the rule of 8 hours every day and 48 hours a week is still applicable. According to him, if the work is repeatedly exceeding these limits, it does not mean that the employee is less hardworking, but there is a deficiency in the company’s work planning i.e. capacity planning.

Companies will have to take care of time

Tapan further says that now companies will have to pay more attention to working hours and track them properly. Especially for those working in the field and in shifts, systems like geo-fencing and real-time attendance will no longer be just a convenience, but are becoming necessary to follow the rules. In such a situation, companies cannot pretend that they were not aware of the working hours of their employees.

The matter of relief for the employees in terms of money is that there has been no change in the rules for double overtime wages. According to Radhika Raichura, the employee’s right to be paid double the normal rate for working overtime remains intact, and as per the rules, this protection remains applicable as before.

definition of salary more clear

Tapan Acharya draws attention to an important change. According to him, now the definition of ‘wages’ i.e. salary has been made clearer and stricter. Earlier, some companies used to reduce the actual payment of overtime by making changes in different parts of the salary, but now with the rules being clear, such scope has reduced considerably.

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Consent of employees is required

Tapan says that now overtime is not being seen as necessary but as an option. Companies have to take into account employee consent and cannot create an environment where additional work is automatically accepted. Also, if the attendance, overtime and payroll systems are not properly interconnected, mistakes may occur and will be difficult to justify in the new rules.