hi all,
there is a small dilema i have come across
For our festive period we had recruited few temporary staff to assist our key employees for data entry work, we had fixed them an salary (for ex Rs 5000 p.m.) now they were called to work on sundays as well ie apart from 6 weekdays they worked on sundays as well,
so i was wondering whether we need to pay them an extra day salary for their work on 4 sundays a month (ie 5000 + 4 sundays pay ie Rs 166 per day)
i feel any employee is eligible for 1 weekly off, since they r not permanent employee hence i cannot give them an comp -off for worked on sunday ,
so kindly tell me shud i pay them extra pay day for all sundays worked or shud i pay them only 5000 as that is their monthly pay including sundays.
kindly advise
From India
1there is a small dilema i have come across
For our festive period we had recruited few temporary staff to assist our key employees for data entry work, we had fixed them an salary (for ex Rs 5000 p.m.) now they were called to work on sundays as well ie apart from 6 weekdays they worked on sundays as well,
so i was wondering whether we need to pay them an extra day salary for their work on 4 sundays a month (ie 5000 + 4 sundays pay ie Rs 166 per day)
i feel any employee is eligible for 1 weekly off, since they r not permanent employee hence i cannot give them an comp -off for worked on sunday ,
so kindly tell me shud i pay them extra pay day for all sundays worked or shud i pay them only 5000 as that is their monthly pay including sundays.
kindly advise
From India
Hi! You can give them any day off beacuse by coming on sunday, they have accepted it as a work norm. Regards, Shyamali
From India, Nasik
From India, Nasik
HI,
Yes dear you should pay them salary of extra day or may be you can give them overtime compensation on hourly basis.
Generally we pay the overtime as,
Basic / 122.
then multiply this amount with whatevr hours of overtime everybody has done.
eg. basic is 5,000, 5000/122=40.98
The overtime done by person is say 97 hours for a month,
he will be given 97*40=3880.
If you have any doubts let me know.
Cheers
Archna
From India, Delhi
Yes dear you should pay them salary of extra day or may be you can give them overtime compensation on hourly basis.
Generally we pay the overtime as,
Basic / 122.
then multiply this amount with whatevr hours of overtime everybody has done.
eg. basic is 5,000, 5000/122=40.98
The overtime done by person is say 97 hours for a month,
he will be given 97*40=3880.
If you have any doubts let me know.
Cheers
Archna
From India, Delhi
hi sara
well as per my view you should give them salary including sundays as you have called them for all the sundays.....
if u have called them for 1 sunday than let it be but for 4 sundays you should pay , if you can not pay 100% of the amount than pay 50% to them ...
But take the decision thinking about the future and as per your company policy
Regards
Divya
From India, Bangalore
well as per my view you should give them salary including sundays as you have called them for all the sundays.....
if u have called them for 1 sunday than let it be but for 4 sundays you should pay , if you can not pay 100% of the amount than pay 50% to them ...
But take the decision thinking about the future and as per your company policy
Regards
Divya
From India, Bangalore
hi shyamli,archana, divya,
thank u all,
even i felt that we should pay them an extra day for working on sundays becoz any employee , legally is eligible for weekly off ie 1 day off after working for 6 consecutive days,
i will pay them extra day for all sundays worked,and i feel that will be right.
rgds, vaishali
From India
thank u all,
even i felt that we should pay them an extra day for working on sundays becoz any employee , legally is eligible for weekly off ie 1 day off after working for 6 consecutive days,
i will pay them extra day for all sundays worked,and i feel that will be right.
rgds, vaishali
From India
Hi Sara,
Yes you are right in your approach..
What we would recommend three points:-
1. If they work on sunday please make sure that no records are kept.
2. Appropriate payment be paid as a lumpsum as an ex-gratia alongwith the wages at the end of the month.
3.Pls cross-check if you have to pay ESI on their services..as it is impt as how these exp are accounted in the book of ledgers and may come under scrutiny by ESI inspectors during their inspection.
Have a great week end..
Cheers,
Rajat
From India, Pune
Yes you are right in your approach..
What we would recommend three points:-
1. If they work on sunday please make sure that no records are kept.
2. Appropriate payment be paid as a lumpsum as an ex-gratia alongwith the wages at the end of the month.
3.Pls cross-check if you have to pay ESI on their services..as it is impt as how these exp are accounted in the book of ledgers and may come under scrutiny by ESI inspectors during their inspection.
Have a great week end..
Cheers,
Rajat
From India, Pune
Thanks Rajat,
always informative to interact with u,
yes i have not kept any records (neither attendance ) for their work on sunday, secondly am giving them an lumsum (including extra day worked on sundays total 3) , and i dont think ESIC will come into picture as there r less than 20 employees whose gross salary is less than 7500.
hopefully am doing right by providing extra day to them for sundays worked (ie monthly salary 5000 + 166 rs )
rgds,
sara
From India
always informative to interact with u,
yes i have not kept any records (neither attendance ) for their work on sunday, secondly am giving them an lumsum (including extra day worked on sundays total 3) , and i dont think ESIC will come into picture as there r less than 20 employees whose gross salary is less than 7500.
hopefully am doing right by providing extra day to them for sundays worked (ie monthly salary 5000 + 166 rs )
rgds,
sara
From India
Dear All,
The basic requirement is no one is allowed to work more than 48 hours in a week.
Compensatory off to be given within 3 days
Calculation should be on number of hours extra they have worked and twice the hourly wages to be paid.
From India, Madras
The basic requirement is no one is allowed to work more than 48 hours in a week.
Compensatory off to be given within 3 days
Calculation should be on number of hours extra they have worked and twice the hourly wages to be paid.
From India, Madras
Hi Sara, Rest all okay but re-check on ESIC..had faced this issue during ESIC audit.. Rajat
From India, Pune
From India, Pune
Dear Sara,
I would like to clear something first. The concept of 6 days work and one day off is applicable to factories, Plantations and Mines. In West Bengal and some of the other States I have seen the Working Hours in Shops and Establishment is 5 full days working and one half day consisting of maximum 5 and 1/2 hours. So, the concept of 6 days working and 1 day off should be checked first if you are Place is covered under State Shops and Establishment Act.
The next thing is that when temporary people are taken to do additional work you award a job based contract instead of employing them on daily basis. This usually relieves you of the responsibility of Employer-Employee relationship and hence Statutory obligations. You give them a job, fix the charges, set them a deadline and leave it upto them to complete it (This is to be your official version).
Make voucher payments for additional work if you decide on payment for extra hours/days put in.
In the end I would like to state that I differ with my good and learned friend Rajat in not keeping records of attending office. I have faced situations where by not keeping records we had to face a lot of difficulties. I will relate my experiences below:
1) New employee, just received his ESI card meets with an accident resulting in death or permanent disability. The ESI will ask for records pertaining to whether the employee the accident arose in course of or out of employment. Here, your attendance record is very vital, otherwise it would be very difficult to prove the same.
2) In case the person gets wrongly implicated in a criminal proceedings, this record will be the only one to prove his innocence. One of our temporary worker was picked up regarding a theft in his locality and the person whose house was robbed had some grievances against him. The person told the police that he suspected our employee and saw him running off with the loot. His attendance record saved his day. Always keep record of all employees presence in your office.
Just think, one of your temporary staff steals something and if you hand him over to police and he claims that he was not in office that day. What proof will you have to place before the court that he was present?
Just ponder over the points. I am giving my experiences and you are the best judge to decide.
Kind Regards,
SC
From India, Thane
I would like to clear something first. The concept of 6 days work and one day off is applicable to factories, Plantations and Mines. In West Bengal and some of the other States I have seen the Working Hours in Shops and Establishment is 5 full days working and one half day consisting of maximum 5 and 1/2 hours. So, the concept of 6 days working and 1 day off should be checked first if you are Place is covered under State Shops and Establishment Act.
The next thing is that when temporary people are taken to do additional work you award a job based contract instead of employing them on daily basis. This usually relieves you of the responsibility of Employer-Employee relationship and hence Statutory obligations. You give them a job, fix the charges, set them a deadline and leave it upto them to complete it (This is to be your official version).
Make voucher payments for additional work if you decide on payment for extra hours/days put in.
In the end I would like to state that I differ with my good and learned friend Rajat in not keeping records of attending office. I have faced situations where by not keeping records we had to face a lot of difficulties. I will relate my experiences below:
1) New employee, just received his ESI card meets with an accident resulting in death or permanent disability. The ESI will ask for records pertaining to whether the employee the accident arose in course of or out of employment. Here, your attendance record is very vital, otherwise it would be very difficult to prove the same.
2) In case the person gets wrongly implicated in a criminal proceedings, this record will be the only one to prove his innocence. One of our temporary worker was picked up regarding a theft in his locality and the person whose house was robbed had some grievances against him. The person told the police that he suspected our employee and saw him running off with the loot. His attendance record saved his day. Always keep record of all employees presence in your office.
Just think, one of your temporary staff steals something and if you hand him over to police and he claims that he was not in office that day. What proof will you have to place before the court that he was present?
Just ponder over the points. I am giving my experiences and you are the best judge to decide.
Kind Regards,
SC
From India, Thane
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