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OT pay include / exclude break time

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OT pay include / exclude break time
Answer
2/14/19 1:57 PM
Dear Sir,

My company employees claim OT on a regular basis but we have a hardtime determining whether they go for breaktime.

eg 1
An employee work from 9am - 7pm on Saturday, he said he has worked total 10hrs. and he claim 10hrs OT.
The company pays him 9hrs OT by deducting 1hr breaktime. He disagreed, he said he dint take any break. How shall we pay him that does not violate the law?

eg 2
An employee work from 8am - 2pm on Sunday. The HR dept calculate his total OT hrs as 5 hrs by deducting 1hr for lunch. He disagreed as he said he entitles to 6hrs OT becuase he took only short 15mins break.

Due to there are too many employees, we cannot question them one by one whether they take break / rest time, so we deduct 1hr generally for all who works OT. Did the Company violate any law?

Please advise and Thank You in advance.



RE: OT pay include / exclude break time
Answer
2/18/19 2:59 PM as a reply to Anonymous.
Hi there,

What we can say from both of the examples  given, employer not only have to monitor the OT hours but also the full working hours including the break hours. The Employment Act 1955 sets out the guideline clearly which employee cannot work more than 5 hours without a period of leisure not less than 30 minutes. Also if the employee required to work for more than 8 consecutive hours, it must include at least 45 minutes where they can have a meal. A break to have leisure/meal during work is compulsory under the act.

The solution to this is to come up with a more systematic and clear working hour time including the break hours. The OT work also must be pre-approved by the management and the assigned supervisor/headliners must also play an important role in monitoring the work. They need to endorse whether the work really being conducted as per record.  Hence the employer can substantiate the decision to calculate the OT work accordingly.

-NHRC-

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