An employee’s entitlement to overtime depends on their category, establishment, applicable law and prescribed working hours. In many covered circumstances, the principle is a rate of at least twice the normal rate, but the same conclusion should not be applied to every salaried role.
Understand the law and the process
Daily and weekly hours, weekly rest, spread-over and consent to overtime are separate questions. The fact that a designation says ‘manager’ does not eliminate the need to examine the employee’s actual duties. Conversely, the same statutory formula does not necessarily apply to every professional or supervisory role. It may be necessary to consider the applicable central or state rules and Shops and Establishments provisions alongside the Labour Codes. The employer’s attendance policy and evidence of approved extra work are important. Merely appearing online late at the office will not, in every case, be sufficient proof of authorised overtime.
In detail: What factors can change the outcome?
Keep a date-wise record of your scheduled hours and actual work. Use your supervisor’s instructions, task submissions and attendance logs together to substantiate the extra time worked. In your claim, clearly state the normal wage rate and calculate the amount sought. If the employer provides compensatory time off, check how the applicable law treats it in relation to monetary entitlement; do not automatically assume the two are interchangeable.
What should you do?
- Identify your duties, the category of establishment and the applicable working-hours rule.
- Keep records of instructions to perform extra work and attendance.
- Send HR a clear calculation; if the matter is not resolved, check the available remedy with the relevant labour authority.
Which documents should you keep?
Keep your appointment letter, payslips, attendance records, overtime approvals and work-related messages.
Hypothetical example
A technician was required to work beyond the prescribed limit each week, and attendance was recorded. Their claim may differ from that of an executive who stayed late at the office at their own convenience. Both the legal coverage and the actual instructions must be considered.
Does stating a fixed salary eliminate every right to overtime?
No. A contract does not automatically extinguish statutory rights that apply; however, the legal coverage of the role and establishment must first be determined.
Sources and related rules
- Code on Wages, 2019 — wages, deductions and time limits for payment
- VV Giri National Labour Institute: OSH Code
- Ministry of Labour 2026 labour-code FAQs
Editorial review: 26 October 2026. This is general legal information. The outcome may change depending on the facts of the case, applicable state law and subsequent amendments.