How to Calculate Overtime Pay in India: Rules, Formulas, and Examples Under the New Labour Codes (2026)

“How much extra do I get if I work beyond 8 hours?” This is one of the most common payroll questions in India. The answer changed significantly when the Occupational Safety, Health and Working Conditions (OSH) Code, 2020 came into effect in November 2025, replacing 13 older labour laws including the Factories Act, 1948.

Under the new rules, overtime in India is paid at twice the ordinary rate of wages. Not 1.5 times. Twice. This applies uniformly across factories, commercial establishments, IT companies, construction sites, and plantations. There is no “time and a half” tier like some other countries use.

Yet most employers and employees still struggle with the actual calculation. Which salary components go into the formula? How do you compute the hourly rate? What is the quarterly cap? When is overtime exempt?

This guide answers every question about overtime calculation in India for FY 2026-27 with actual formulas, worked examples at different salary levels, and a clear breakdown of what the new labour codes changed.

What Counts as Overtime in India?

Overtime is any work performed beyond the standard working hours prescribed by law. Under the OSH Code, 2020, the standard limits are:

ParameterLimit Under OSH Code
Maximum working hours per day8 hours
Maximum working hours per week48 hours
Maximum spread over per day12 hours (including breaks and rest)
Mandatory rest interval30 minutes after every 5 continuous hours of work
Weekly rest day1 day per week (typically Sunday)
Overtime triggerAny work beyond 8 hours/day or 48 hours/week

Spread over is the total time between clock in and clock out, including lunch breaks, tea breaks, and rest intervals. Even if an employee works only 8 hours, if they clock in at 9 AM and clock out at 10 PM (13 hours), the spread over exceeds the 12 hour limit, which is a compliance violation.

Daily vs Weekly Overtime: Which Applies?

The OSH Code requires overtime to be calculated on a daily basis or weekly basis, whichever is more favourable to the worker. This is a crucial rule that many employers miss.

ScenarioDaily CalculationWeekly CalculationWhich Applies
Employee works 10 hours on Monday and 6 hours on Tuesday2 hours OT on Monday0 OT for the week (16 total, under 48)Daily (more favourable)
Employee works 8 hours daily for 7 days0 OT daily8 hours OT for the week (56 total, 48 limit exceeded)Weekly (more favourable)
Employee works 9 hours daily for 6 days1 hour OT per day (6 total)6 hours OT for the week (54 total)Daily (more favourable)

Practical example: An employee works the following hours in a week: Monday 10, Tuesday 10, Wednesday 8, Thursday 8, Friday 8, Saturday 6. Total = 50 hours.

Using daily calculation: 2 + 2 + 0 + 0 + 0 + 0 = 4 hours overtime. Using weekly calculation: 50 minus 48 = 2 hours overtime.

Since daily calculation gives 4 hours (more favourable to the worker), the employer must pay for 4 hours of overtime, not 2.

The Overtime Pay Formula: Step by Step

Here is the complete formula for calculating overtime pay in India under the new labour codes.

Step 1: Determine Ordinary Rate of Wages

The ordinary rate of wages for overtime calculation includes only specific salary components.

Included in Ordinary RateNOT Included in Ordinary Rate
Basic PayHouse Rent Allowance (HRA)
Dearness Allowance (DA)Bonus (statutory or performance)
Retaining Allowance (if any)Overtime wages themselves
Compensatory Allowances (as per Supreme Court ruling)Employer PF contribution
Gratuity
Commission
Leave travel allowance
Special allowances (conveyance, medical, etc.)
Reimbursements

Important note on the 50% rule: Under the Code on Wages, 2019, Basic Pay plus Dearness Allowance must be at least 50% of total remuneration. If your salary structure has Basic plus DA below 50% of CTC, you need to restructure it. This directly affects your overtime rate because a lower basic means a lower overtime payment per hour.

Step 2: Calculate the Hourly Rate

Formula ComponentCalculation
Monthly Ordinary WagesBasic Pay + DA + Retaining Allowance
Daily WageMonthly Ordinary Wages ÷ 26 (standard working days)
Hourly RateDaily Wage ÷ 8 (standard working hours per day)

Why divide by 26? The standard calculation uses 26 working days per month (30 days minus 4 weekly rest days). Some establishments that follow a 5 day week with 22 working days may use 22 as the divisor. However, the legally safe approach is to use 26 unless your state rules specify otherwise.

Step 3: Calculate Overtime Pay

Formula
Overtime Pay= Hourly Rate x 2 x Overtime Hours

This is the core formula. The “x 2” is mandatory under Section 27 of the OSH Code. There is no discretion here. An employer cannot decide to pay 1.5x or offer compensatory off instead of the double rate payment.

Step 4: Round Overtime Hours

Before applying the formula, round the overtime hours using these rules:

Extra Time WorkedRounded To
Less than 15 minutesIgnored (not counted as overtime)
15 to 30 minutes30 minutes (0.5 hours)
More than 30 minutes1 full hour

Example: An employee works 8 hours and 38 minutes. The extra time is 38 minutes, which exceeds 30 minutes, so it rounds up to 1 full hour of overtime.

Worked Examples at Different Salary Levels

Let us calculate overtime for employees at five different salary levels to show how the formula works in practice.

Example 1: Factory Worker (₹15,000 Basic + DA)

ItemValue
Monthly Basic + DA₹15,000
Working days per month26
Hours per day8
Overtime hours worked in the month20 hours

Calculation:

StepFormulaAmount
Daily Wage₹15,000 ÷ 26₹576.92
Hourly Rate₹576.92 ÷ 8₹72.12
Overtime Rate (2x)₹72.12 x 2₹144.23
Total Overtime Pay₹144.23 x 20₹2,884.62

This employee receives ₹2,884.62 as overtime pay in addition to their regular salary of ₹15,000.

Example 2: Office Staff (₹25,000 Basic + DA)

ItemValue
Monthly Basic + DA₹25,000
Working days per month26
Hours per day8
Overtime hours worked in the month12 hours

Calculation:

StepFormulaAmount
Daily Wage₹25,000 ÷ 26₹961.54
Hourly Rate₹961.54 ÷ 8₹120.19
Overtime Rate (2x)₹120.19 x 2₹240.38
Total Overtime Pay₹240.38 x 12₹2,884.62

Example 3: IT Employee (₹40,000 Basic + DA, 5 Day Week)

ItemValue
Monthly Basic + DA₹40,000
Working days per month22 (5 day week)
Hours per day8
Overtime hours worked in the month8 hours

Calculation:

StepFormulaAmount
Daily Wage₹40,000 ÷ 22₹1,818.18
Hourly Rate₹1,818.18 ÷ 8₹227.27
Overtime Rate (2x)₹227.27 x 2₹454.55
Total Overtime Pay₹454.55 x 8₹3,636.36

Notice the difference: Using 22 working days instead of 26 increases the hourly rate significantly. An IT employee with ₹40,000 Basic + DA on a 5 day week has a higher hourly overtime rate than someone with the same Basic + DA on a 6 day week.

Example 4: Retail Worker with 9 Hour Shift (₹12,000 Basic + DA)

ItemValue
Monthly Basic + DA₹12,000
Working days per month24
Hours per day9 (state allowed)
Overtime hours worked in the month15 hours

Calculation:

StepFormulaAmount
Daily Wage₹12,000 ÷ 24₹500.00
Hourly Rate₹500.00 ÷ 9₹55.56
Overtime Rate (2x)₹55.56 x 2₹111.11
Total Overtime Pay₹111.11 x 15₹1,666.67

Note: Some states allow 9 hour workdays under their Shops and Establishments Acts. In such cases, overtime triggers only after the 9th hour, and the hourly rate is calculated by dividing the daily wage by 9.

Example 5: Senior Employee with Rounding (₹52,000 Basic + DA)

ItemValue
Monthly Basic + DA₹52,000
Working days per month26
Hours per day8
Overtime worked3 hours 40 minutes

Calculation with rounding:

StepFormulaAmount
Overtime rounding3 hours + 40 minutes (over 30 min, rounds to 1 hour)4 hours
Daily Wage₹52,000 ÷ 26₹2,000
Hourly Rate₹2,000 ÷ 8₹250
Overtime Rate (2x)₹250 x 2₹500
Total Overtime Pay₹500 x 4₹2,000

Summary: Overtime Costs Across Salary Levels

EmployeeBasic + DAOT HoursOT Rate/HourTotal OT Pay
Factory Worker₹15,00020₹144.23₹2,884.62
Office Staff₹25,00012₹240.38₹2,884.62
IT Employee (5 day)₹40,0008₹454.55₹3,636.36
Retail Worker (9 hr)₹12,00015₹111.11₹1,666.67
Senior Employee₹52,0004₹500.00₹2,000.00

Quarterly Overtime Caps

One of the most important compliance limits is the quarterly cap on overtime hours. Exceeding this cap is a violation regardless of whether you pay the correct overtime rate.

JurisdictionQuarterly Overtime CapNotes
Central Sphere (OSH Central Rules)144 hours per quarterFor establishments under central government jurisdiction
Maharashtra125 hours per quarterState rules
Gujarat125 hours per quarterState rules
Karnataka50 hours per quarterMore restrictive
Haryana50 hours per quarterMore restrictive
Tamil Nadu6 hours per weekWeekly cap instead of quarterly
Delhi150 hours per yearAnnual cap, plus 6 hours per week limit

What this means practically: In Karnataka, an employee cannot work more than 50 hours of overtime in a quarter, which averages to about 4.2 hours per week or less than 1 hour per day. Even if the employee is willing and the employer pays double rate, exceeding 50 hours is a legal violation.

Monthly Overtime Tracking Template

WeekEmployee NameMonTueWedThuFriSatTotal HoursRegular HoursOT HoursRunning Quarter Total
Week 1Rajesh K9108984484444
Week 2Rajesh K8810894474615
Week 3Rajesh K1010108845044611
Week 4Rajesh K8889844544112
Month Total1901781212

This kind of tracking is essential for staying within quarterly caps. A payroll management system that tracks overtime hours in real time helps prevent cap violations before they happen.

What Changed Under the New Labour Codes?

The OSH Code, 2020 (effective November 2025) brought several changes compared to the old Factories Act, 1948 and various Shops and Establishments Acts.

ParameterOld Law (Factories Act / S&E Acts)New Law (OSH Code, 2020)
Overtime Rate2x under Factories Act; varied under S&E Acts (some states had 1.5x)Uniform 2x across all establishments
Quarterly Cap50 hours (Factories Act)125 to 144 hours (central rules)
Worker ConsentNot explicitly requiredExplicitly required under Section 27
ScopeDifferent laws for factories, shops, mines, plantationsSingle law covers all establishments
Spread Over10.5 hours (Factories Act)12 hours (OSH Code)
Electronic RecordsNot specifically allowedExplicitly allowed (Section 33)
Penalty for ViolationsVaried, generally lowerUp to ₹2,00,000 (first offence), ₹5,00,000 (repeat)
ApplicabilityFactory = 10+ workers with power, 20+ withoutBroader definition covering more establishments
Number of Laws13 separate laws1 consolidated code

Key Improvements for Workers

  1. Uniform 2x rate: Previously, some state Shops and Establishments Acts allowed a lower overtime rate. Now, 2x is mandatory everywhere.
  2. Explicit consent requirement: Employers cannot force overtime without the worker’s consent. This is now written into Section 27 of the OSH Code.
  3. Higher quarterly cap: The old Factories Act capped overtime at 50 hours per quarter, which often forced employers to underreport. The new 125 to 144 hour cap is more realistic while still protecting workers.
  4. Broader coverage: The old Factories Act covered only factories. The OSH Code covers factories, commercial establishments, IT/ITES companies, construction sites, plantations, and more.

Key Implications for Employers

  1. Higher overtime costs: Employers who were paying 1.5x under state S&E Acts now must pay 2x.
  2. Better record keeping: Electronic records are now accepted, but the record keeping requirements are more detailed (consent records, overtime register, quarterly summaries).
  3. Stricter penalties: First offence penalties jumped from a few thousand rupees to up to ₹2,00,000.

Who Is Eligible for Overtime Pay?

Not every employee who works late is eligible for overtime under Indian law. Here is the complete breakdown:

Eligible for Overtime

CategoryCondition
Factory workersAll workers covered under OSH Code
Commercial establishment employeesIncluding shops, restaurants, hotels
IT and ITES employeesWhen covered under state notifications
Construction workersAll workers on construction sites
Plantation workersAll workers on plantations
Contract and fixed term workersSame overtime rate as permanent employees
Daily wage workersOvertime calculated on actual daily wage
Piece rate workersOvertime based on equivalent daily rate

Potentially Exempt from Overtime

CategoryBasis for ExemptionNotes
Managerial employeesState S&E Acts (some states)Exemption depends on actual duties, not just job title
Supervisory employeesSalary threshold in some statesTypically above ₹15,000 to ₹21,000 monthly (varies by state)
Employees in confidential positionsSome state S&E ActsVery narrow definition
Travelling sales staffSome state S&E ActsOnly for genuinely field based roles

Critical warning on misclassification: Calling someone a “manager” in their job title does not automatically exempt them from overtime. The exemption applies only to employees who genuinely perform managerial or supervisory functions as their primary duty. A “Team Lead” who spends 90% of their time doing the same work as team members is not managerial. Misclassification can result in back pay claims and penalties.

Overtime and Other Payroll Components

Overtime pay interacts with several other payroll components. Understanding these interactions prevents costly errors.

Does Overtime Affect PF Contribution?

ComponentDoes Overtime Count?Reason
PF (Provident Fund)NoOvertime wages are explicitly excluded from “basic wages” for PF purposes
ESI (Employee State Insurance)YesOvertime is part of gross wages for ESI calculation
Professional TaxDependsSome states include overtime in gross salary for PT slab determination
Income Tax / TDSYesOvertime is fully taxable as salary income
GratuityNoGratuity is calculated on last drawn basic + DA only
Bonus (statutory)NoBonus is calculated on basic + DA, excluding overtime

This is a common area of confusion. If your payroll software is including overtime in PF calculation, you are overpaying PF. If it is excluding overtime from ESI calculation, you are violating ESI rules. Get the configuration right.

For a deeper understanding of PF and ESI obligations, read our PF and ESI compliance guide.

How Overtime Appears on the Salary Slip

Overtime must appear as a separate line item on the salary slip. Here is what a proper salary slip looks like with overtime:

EarningsAmountDeductionsAmount
Basic Pay₹15,000PF (Employee 12%)₹1,800
Dearness Allowance₹5,000ESI (Employee 0.75%)₹188
HRA₹6,000Professional Tax₹200
Conveyance Allowance₹1,600TDS₹500
Overtime Pay (12 hrs x ₹153.85 x 2)₹3,692
Gross Earnings₹31,292Total Deductions₹2,688
Net Pay₹28,604

Note: In the salary slip above, ESI is calculated on ₹31,292 (including overtime), but PF is calculated only on ₹15,000 (Basic Pay, excluding overtime). This distinction matters.

Real Scenarios: Overtime in Practice

Scenario 1: The Month End Rush (Accounting Firm)

An accounting firm in Mumbai has its staff working extra during the March tax filing rush.

DetailValue
EmployeeAccountant with ₹30,000 Basic + DA
Regular hours8 hours/day, 6 days/week
March overtime hoursWeek 1: 4, Week 2: 6, Week 3: 8, Week 4: 10
Total overtime in March28 hours

Calculation:

StepAmount
Daily Wage: ₹30,000 ÷ 26₹1,153.85
Hourly Rate: ₹1,153.85 ÷ 8₹144.23
Overtime Rate: ₹144.23 x 2₹288.46
Total OT Pay: ₹288.46 x 28₹8,076.92

Quarter check: If this employee worked 15 hours OT in January and 20 hours in February, the quarterly total would be 15 + 20 + 28 = 63 hours. Well within the 125 hour limit for Maharashtra.

Scenario 2: The Festival Season (Retail Store)

A retail store in Bangalore extends operating hours during the Diwali season.

DetailValue
EmployeeSales associate with ₹18,000 Basic + DA
Regular shift9 hours/day (Karnataka allows this)
October overtime3 extra hours on 10 festival days
Total overtime in October30 hours

Calculation:

StepAmount
Daily Wage: ₹18,000 ÷ 26₹692.31
Hourly Rate: ₹692.31 ÷ 9₹76.92
Overtime Rate: ₹76.92 x 2₹153.85
Total OT Pay: ₹153.85 x 30₹4,615.38

Quarter check for Karnataka: Karnataka has a 50 hour quarterly cap. If this employee worked 10 hours OT in July, 12 in August, and 5 in September, the Q2 total is 27. But October starts Q3 (Oct-Dec), so the 30 hours in October is the start of a new quarter. The employer must watch November and December to stay within 50 hours for Q3.

Scenario 3: The Startup with No OT Policy

A tech startup in Pune has developers regularly working until 10 PM without any overtime tracking.

DetailValue
Developer’s CTC₹12,00,000 per year
Monthly CTC₹1,00,000
Basic + DA (50% of CTC)₹50,000
Average daily extra hours2 hours
Working days per month22 (5 day week)
Monthly untracked overtime44 hours

What this startup owes per developer per month:

StepAmount
Daily Wage: ₹50,000 ÷ 22₹2,272.73
Hourly Rate: ₹2,272.73 ÷ 8₹284.09
Overtime Rate: ₹284.09 x 2₹568.18
Monthly OT liability per developer: ₹568.18 x 44₹24,999.94

If the startup has 20 developers all doing this, the monthly liability is nearly ₹5,00,000 in unpaid overtime. This is a compliance time bomb.

The lesson: “We are a startup, overtime rules don’t apply to us” is a myth. The OSH Code applies to all establishments, not just factories. And the Code on Wages allows workers to claim compensation up to 10 times the underpaid amount.

Scenario 4: The Employee Who Works on a Rest Day

DetailValue
EmployeeWarehouse staff with ₹20,000 Basic + DA
Regular scheduleMonday to Saturday, 8 hours/day
Works on Sunday (rest day)8 hours

How is this calculated?

Working on a rest day means all 8 hours on Sunday are overtime (since the weekly limit of 48 is already met by Monday to Saturday). Plus the employee is entitled to a compensatory off on another day.

StepAmount
Daily Wage: ₹20,000 ÷ 26₹769.23
Hourly Rate: ₹769.23 ÷ 8₹96.15
Overtime Rate: ₹96.15 x 2₹192.31
Sunday OT Pay: ₹192.31 x 8₹1,538.46

The employee receives ₹1,538.46 for Sunday work plus a compensatory day off. The employer cannot say “we will give you a day off instead of paying overtime.” Both the double rate payment and the compensatory off are required.

State Wise Variations in Overtime Rules

While the OSH Code sets a uniform framework, many states continue to follow their own Shops and Establishments Acts alongside the code. Here are the key variations:

StateDaily Hours LimitWeekly LimitOT RateQuarterly OT CapSpecial Notes
Maharashtra9 hours48 hours2x125 hoursS&E Act coexists with OSH Code
Karnataka9 hours48 hours2x50 hoursMost restrictive quarterly cap
Gujarat9 hours48 hours2x125 hoursIT sector exemptions available
Tamil Nadu8 hours48 hours2x6 hours/weekWeekly cap instead of quarterly
Haryana9 hours48 hours2x50 hoursEqual to Karnataka in restriction
Delhi9 hours48 hours2x150 hours/yearAnnual cap, plus 6 hours/week
Telangana10 hours48 hours2x144 hoursExtended hours for IT/ITES sector
Andhra Pradesh9 hours48 hours2x125 hoursSector specific exemptions
Central Sphere8 hours48 hours2x144 hoursFor establishments under central government

Key takeaway: If your business operates in Karnataka or Haryana, the 50 hour quarterly cap is extremely tight. That is roughly 4 hours per week or about 50 minutes per day. In contrast, the central sphere allows 144 hours per quarter, nearly three times as much.

Cost of Overtime for Employers: A Planning Guide

Understanding overtime costs helps employers make informed decisions about hiring versus overtime.

Overtime Cost vs Hiring a New Employee

FactorPaying Overtime (existing staff)Hiring New Employee
Hourly cost2x regular rate1x regular rate
PF contributionNo additional PF12% employer PF contribution
ESI contribution3.25% on OT wages3.25% on full wages
Gratuity liabilityNone on OTAccrues after 5 years
Bonus liabilityNone on OTStatutory bonus applies
Training costNoneOnboarding and training needed
Equipment costNoneMay need additional workspace
FlexibilityCan increase/decreaseFixed commitment

Break Even Analysis: When Hiring Is Cheaper

Monthly OT Hours (per person)OT Cost (₹25,000 Basic + DA)Equivalent New Hire CostBetter Option
Up to 20 hours₹4,808₹25,000+ (salary + PF + ESI)Overtime
30 hours₹7,212₹25,000+Overtime
40 hours₹9,615₹25,000+Overtime
50 hours₹12,019₹25,000+Overtime
80+ hours consistently₹19,231+₹25,000+Hire new employee

Rule of thumb: If you regularly need 80+ hours of monthly overtime from a single role, it is cheaper and legally safer to hire a new employee. You also avoid hitting the quarterly cap.

For a full breakdown of the cost of hiring an employee in India, check our detailed guide.

Overtime Register: Legal Requirements

Employers must maintain an overtime register under the OSH Code. Here is what it must contain:

ColumnRequired Information
1Date of overtime work
2Employee name and ID
3Department/Section
4Normal working hours (start and end time)
5Overtime hours (start and end time)
6Total overtime after rounding
7Ordinary rate of wages (hourly)
8Overtime rate (2x)
9Total overtime amount
10Worker’s signature/consent
11Supervisor’s authorization

Record Retention

RecordRetention Period
Overtime Register5 years from last entry (central sphere)
Daily attendance with hours5 years
Overtime consent records5 years
Payslips showing OT5 years
Quarterly overtime summary5 years

Electronic records are fully acceptable under Section 33 of the OSH Code. A payroll system that automatically generates overtime registers and maintains digital records makes compliance straightforward.

Penalties for Overtime Violations

ViolationPenalty
Not paying overtime at 2x rateUp to ₹50,000 (first offence under Code on Wages)
Repeat wage offence within 5 yearsUp to ₹1,00,000 and/or 3 months imprisonment
Exceeding quarterly overtime capUp to ₹2,00,000 (first offence under OSH Code)
Repeat OSH Code violationUp to ₹5,00,000 and/or 6 months imprisonment
Not maintaining overtime register₹50,000 to ₹1,00,000
Falsifying overtime recordsSeparate penalty under Section 98 of OSH Code
Forcing overtime without consentPenalty under OSH Code + potential criminal liability
Underpaying overtimeCompensation up to 10x the underpaid amount (Section 45, Code on Wages)

Real Penalty Example

ScenarioAmount
100 workers underpaid OT by ₹150/hour for 10 hours each per month
Monthly underpayment per worker₹150 x 2 x 10 = ₹3,000
Monthly underpayment for 100 workers₹3,00,000
Annual underpayment₹36,00,000
Potential 10x compensation liability₹3,60,00,000
Plus first offence fine₹50,000
Total potential exposure₹3,60,50,000

This is why overtime compliance is not optional. The penalties under the new codes are severe enough to threaten the financial viability of a small or mid sized business.

For more on payroll penalties, see our guide on payroll mistakes that can haunt your business.

Common Mistakes in Overtime Calculation

MistakeWhy It Is WrongCorrect Approach
Using gross salary instead of Basic + DA for the formulaOverestimates the hourly rate and overpays OT (but underpaying is worse)Use only Basic + DA + Retaining Allowance
Paying 1.5x instead of 2xViolates the Code on Wages and OSH CodeAlways pay 2x. There is no 1.5x tier in India
Including overtime in PF calculationOverpays PF. OT wages are excluded from basic wages for PFExclude OT from PF calculation
Not rounding overtime hoursOver or under calculates OT payFollow the 15/30/60 minute rounding rules
“Comp off instead of OT pay”Compensatory off does not replace overtime pay. Both are required for rest day workPay 2x OT plus give compensatory off
Not tracking hours for salaried employees“Salaried” does not mean “exempt from OT.” Exemption depends on role, not pay structureTrack hours for all non exempt employees
Ignoring quarterly capExceeding the cap is a violation even with correct paymentTrack cumulative quarterly hours
Not getting worker consentForced overtime violates Section 27 of OSH CodeDocument consent for each OT instance

How to Set Up Overtime in Your Payroll System

StepActionConfiguration
1Define standard working hours8 hours/day or 9 hours/day based on state rules
2Set the overtime multiplier2x (mandatory)
3Configure wage base for OTBasic + DA only (exclude HRA, bonus, allowances)
4Set rounding rulesLess than 15 min = 0; 15 to 30 min = 0.5 hr; over 30 min = 1 hr
5Set quarterly cap alerts50, 125, or 144 hours based on state
6Configure PF exclusionOvertime wages excluded from PF calculation
7Configure ESI inclusionOvertime wages included in ESI calculation
8Set up overtime registerAuto generate with all required columns
9Enable consent trackingDigital consent before overtime assignment
10Set payment timelineOT pay processed with monthly salary, by 7th of following month

SalaryBox handles all of these configurations automatically. Once you set the state and working hours, the system calculates overtime, applies the correct 2x rate, excludes OT from PF, includes it in ESI, and generates the overtime register for compliance.

Frequently Asked Questions (FAQs)

1. How is overtime calculated in India under the new labour codes?

Overtime in India is calculated using the formula: Overtime Pay = Hourly Rate x 2 x Overtime Hours. The hourly rate is derived by dividing the monthly ordinary wages (Basic Pay plus Dearness Allowance) by 26 working days and then by 8 hours. For example, if an employee’s Basic plus DA is ₹30,000 per month, the daily wage is ₹1,153.85, the hourly rate is ₹144.23, and for 10 hours of overtime, the pay would be ₹144.23 x 2 x 10 = ₹2,884.62. The 2x rate is mandatory under Section 27 of the OSH Code, 2020.

2. What is the maximum overtime an employee can work in India?

Under the central rules of the OSH Code, the quarterly overtime cap is 144 hours. However, state caps vary significantly. Maharashtra and Gujarat allow 125 hours per quarter, while Karnataka and Haryana cap it at 50 hours per quarter. Tamil Nadu uses a weekly cap of 6 hours. Delhi has an annual cap of 150 hours combined with a weekly limit of 6 hours. Employers must follow the cap applicable to their state, and exceeding it is a violation regardless of whether overtime is paid correctly.

3. Can an employer give compensatory off instead of paying overtime?

No. Under Indian law, compensatory off does not replace overtime payment. If an employee works on a rest day, they are entitled to both the overtime payment at 2x rate for all hours worked and a compensatory day off on another day within the same week or the following week. Offering a day off “in lieu” of overtime pay is a violation. This is a common misconception, especially in IT and service sector companies.

4. Is overtime pay applicable to salaried employees in IT companies?

Yes. The OSH Code, 2020 covers IT and ITES establishments. Being “salaried” does not automatically make an employee exempt from overtime. The exemption depends on whether the employee genuinely performs managerial or supervisory duties as their primary function. A software developer, quality analyst, or support engineer working beyond 8 hours a day is entitled to overtime pay at 2x rate. Some states like Telangana have extended daily hour limits to 10 hours for IT sector employees, but the 2x payment rate still applies for hours beyond that limit.

5. Which salary components are included in overtime calculation?

Only Basic Pay, Dearness Allowance (DA), and Retaining Allowance (if applicable) are included in the overtime calculation. HRA, bonus, commission, conveyance allowance, medical allowance, LTA, employer PF contribution, and other special allowances are excluded. Under the Code on Wages, Basic plus DA must be at least 50% of total remuneration. If your salary structure does not meet this threshold, it needs restructuring, which will also affect your overtime rate.

6. Does overtime pay attract PF and ESI contributions?

Overtime pay is excluded from PF calculation but included in ESI calculation. Under PF regulations, overtime wages are not part of “basic wages” and therefore do not attract the 12% employer or employee PF contribution. However, for ESI purposes, overtime is included in the gross wages calculation (employer contributes 3.25% and employee contributes 0.75%). This distinction is important for accurate payroll processing and compliance.

7. What are the penalties for not paying overtime in India?

Under the Code on Wages, the first offence penalty for not paying overtime is up to ₹50,000. A repeat offence within five years can attract up to ₹1,00,000 in fines and up to 3 months imprisonment. Under the OSH Code, violations attract up to ₹2,00,000 for first offence and ₹5,00,000 plus 6 months imprisonment for repeat offences. Additionally, Section 45 of the Code on Wages allows compensation of up to 10 times the underpaid amount. This means an employer who systematically underpays overtime for 100 workers could face claims running into crores.

8. How do I calculate overtime for an employee who works on a public holiday?

Work on a public or national holiday is treated similarly to rest day work. All hours worked on the holiday are counted as overtime since the employee was entitled to the day off. The calculation is the same: Hourly Rate x 2 x Hours Worked. Additionally, the employee is entitled to a compensatory day off. For example, if an employee with ₹24,000 Basic plus DA works 8 hours on Republic Day, the overtime pay is: (₹24,000 ÷ 26 ÷ 8) x 2 x 8 = ₹1,846.15. The employee gets this amount plus a compensatory off.

Quick Reference Card

ItemKey Information
Overtime Rate2x ordinary rate of wages (mandatory)
Ordinary Rate IncludesBasic Pay + DA + Retaining Allowance
Standard Hours8 hours/day, 48 hours/week
Spread Over Limit12 hours per day (including breaks)
Rest Interval30 minutes after 5 continuous hours
Worker ConsentMandatory under Section 27, OSH Code
RoundingUnder 15 min = 0; 15 to 30 min = 0.5 hr; over 30 min = 1 hr
Quarterly Cap (Central)144 hours
PF on OvertimeExcluded
ESI on OvertimeIncluded
Income Tax on OvertimeFully taxable
First Offence PenaltyUp to ₹50,000 (Code on Wages) / ₹2,00,000 (OSH Code)
Compensation for UnderpaymentUp to 10x the underpaid amount
Record Retention5 years
Electronic RecordsAllowed under Section 33, OSH Code

This guide reflects overtime rules under the Occupational Safety, Health and Working Conditions Code, 2020 and the Code on Wages, 2019 as applicable in FY 2026-27. State specific rules may vary. Always verify with your state labour department or a payroll compliance expert for your specific situation.

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