Section 58 of the Act makes it clear that a worker is entitled to allowance at the rate of twice his ordinary rate of wages where he works in a factory for more than nine hours in any day or more than forty-eight hours in any week. In other words if the Management and the worker reach a settlement that an adult worker shall work in a factory for 44½ hours in any week, even then his overtime entitlement at the rate of twice his ordinary rate of wages will not be due until he works for more than 48 hours in any week.
The General Manager, Jamuna Oil Company Ltd. Vs The Chairman, Labourd Court, Chittagong Division and others, 19 BLD (AD) 144.