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If a canteen in an educational institute is under factories act? Workers in canteen can claim "over time"? - CiteHR

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Anonymous
If a canteen in an educational institute is ‘factory’ under factories act and if the workers working in canteen can claim "overtime"?
From India, Delhi
umakanthan53
5967

The canteen in an educational institution cannot be a factory under the Factories Act, 1948 just because food is prepared there. But it can be an establishment under the Minimum Wages Act, 1948 if the employment is brought under the schedule of the Act by the appropriate Govt.
Even otherwise, the employees of the canteen can demand extra wages for the work they are required to do beyond the normal working hours of a day under their contract of employment for the reason that working hours and payment of wages for the hours/days worked are mutual obligations under every contract of employment

From India, Salem
varghesemathew
910

In kerala as per Kerala shops and commercial establishments Act 1960,canteen and hostels attached to educational institutions are commercial establishments.The employees there are entitled for OT wages.
From India, Thiruvananthapuram
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