Under section 100 of the Labour Act, the daily maximum number of hours an adult worker may be required to work is eight, with an additional two at overtime pay. Under section 102, the weekly maximum working hours of an adult worker is 48, with an additional 12 at overtime pay, while maintaining a maximum annual average of 56 hours per week. Further, because these are statutory rights and stipulations, there is no provision in the BD Labour Act or the Labour Rules allowing employees to opt-out of such restrictions or limitations.
The normal working hours are 08 hours a day and 48 hours a week. The “hours of work” is defined as the time during which the workers are at the disposal of the employer, excluding intervals for rest and meals. Overtime is work performed on any day or week for more than the hours fixed under the Labour Act 2006, i.e., 8 hours a day and 48 hours a week. The maximum working hours, inclusive of overtime, may not exceed sixty hours in any week and on average fifty-six hours per week in any year. Thus maximum overtime is two hours a day and 12 hours a week. However, the average overtime hours in a year must not exceed 08 hours per week. Maximum working hours for young people between 16 and 18 years of age who work in factories or mines is five hours a day and 30 hours a week; for other establishments, the maximum is seven hours a day and 42 hours a week and maximum overtime is six hours a week (36 hours for factory and mine workers and 48 hours for workers of other establishments). In the case of road transport workers, the total overtime hours cannot exceed 150 hours per year.
All workers are entitled to overtime pay. Section 108 of the Labour Act sets the overtime rate at twice the ordinary rate of basic wage and dearness allowance and ad hoc or interim wage if any. The Government may exempt a sector from these regulations for a maximum of six months if it considers that public interest or economic development is at stake. Overtime is paid at double (or 200% of) the basic wage rate, “dearness allowance” and interim pay, if applicable.
No criterion was imposed regarding when a worker may be requested or required to work overtime however under 2015 Labour rules, a worker’s consent must be gained for overtime and he/she must be informed at least two hours prior to the commencement of overtime. Overtime pay is a statutory right of a worker and there is no provision in the Labour Act or the Labour Rules allowing a worker to waive the right to overtime pay. For workers who are paid on a piece rate basis, employers may (in consultation with the workers’ representatives) fix time rates equivalent to the workers’ average rate of earnings which will be deemed the workers’ ordinary basic wage for the
purposes of overtime work.