Dear Friends, lets not go away from the core question.
Even in my previous company if we used to work on off day we used to get the compensatory off. Such off is to be taken withn a weeks time. Also such off was in the hands of manager. Now when we say the work has to be finished. In such case one can give n amount of work which can't be completed within a target period.
We have some Acts Rules and Regulations on working hours of the employee. I need the clarity on legal grounds.
Any ways I am working on it, as soon as some thing is cooked I will share the same with you all.
Till than you guys can give a though on this and make my cooking more better.
Regards,
CS Mukesh Tank
From India, Mumbai
18Even in my previous company if we used to work on off day we used to get the compensatory off. Such off is to be taken withn a weeks time. Also such off was in the hands of manager. Now when we say the work has to be finished. In such case one can give n amount of work which can't be completed within a target period.
We have some Acts Rules and Regulations on working hours of the employee. I need the clarity on legal grounds.
Any ways I am working on it, as soon as some thing is cooked I will share the same with you all.
Till than you guys can give a though on this and make my cooking more better.
Regards,
CS Mukesh Tank
From India, Mumbai
HI,
It is best to have the option of compensatory Off instead off making rules for Overtime Payment. Employees who are coming on SAT and SUN due to bussiness urgencies may be given a off, which is required to be availed within 30~45 Days. These leave cannot be accumulated to CL/SL/PL or cannot be encashed as well.
Rules/ Guidelines need to be framed in such a way that employee who are coming on weekends need to inform HR in advance and that need to be approved by their HOD as well
From India, New Delhi
It is best to have the option of compensatory Off instead off making rules for Overtime Payment. Employees who are coming on SAT and SUN due to bussiness urgencies may be given a off, which is required to be availed within 30~45 Days. These leave cannot be accumulated to CL/SL/PL or cannot be encashed as well.
Rules/ Guidelines need to be framed in such a way that employee who are coming on weekends need to inform HR in advance and that need to be approved by their HOD as well
From India, New Delhi
We have 5 days working office (Monday to Friday) and have Saturday and Sunday off. We work for 9:30 hrs per day.
Now if I call any employee to work on Saturday, how should I compensate him. Do I have to give him compensatory off on forthcoming week or pay him as per over time rate or both.
For some employee we have 6 days working, 8 hrs per day. If such emplyee is call to work on Sunday than do I have to give him compensatory off on forthcoming week or pay him as per over time rate or both.
We are covered under Shops & Est Act. Experts please give your feed back.
Dear Mukesh,
Answer to your query No.1&2: As per Shops & Est Act, weekly working hours should be restricted upto 48 hours whether you manage with 5 days or 6 days working in a week. With an overtime, this can be extended upto 52 hours per week. Since you are getting @ 9.30 hrs daily, it is coming to 47.5 hrs per week, and as such is within the limit. Therefore, if you call any employee on Saturday/Sunday, that will attract Over Time, if such employees falls under non supervisory category. No need to give comp off in case you pay OT. However, many organizations manage and control such things through its Attendance and Leave Policy.
All the best,
Gopal
From India, Jaipur
Now if I call any employee to work on Saturday, how should I compensate him. Do I have to give him compensatory off on forthcoming week or pay him as per over time rate or both.
For some employee we have 6 days working, 8 hrs per day. If such emplyee is call to work on Sunday than do I have to give him compensatory off on forthcoming week or pay him as per over time rate or both.
We are covered under Shops & Est Act. Experts please give your feed back.
Dear Mukesh,
Answer to your query No.1&2: As per Shops & Est Act, weekly working hours should be restricted upto 48 hours whether you manage with 5 days or 6 days working in a week. With an overtime, this can be extended upto 52 hours per week. Since you are getting @ 9.30 hrs daily, it is coming to 47.5 hrs per week, and as such is within the limit. Therefore, if you call any employee on Saturday/Sunday, that will attract Over Time, if such employees falls under non supervisory category. No need to give comp off in case you pay OT. However, many organizations manage and control such things through its Attendance and Leave Policy.
All the best,
Gopal
From India, Jaipur
Dear Members,
Mr.CS Mukesh Tank has specifically requested the members to give him clarity on legal grounds. It has also been cleared by him that his establishment is covered under the Shops & Establishment Act. Till now he has also not given the name of the State Shops Act applicable to his establishment.
I have not come across any State or Central Act which allows us to take work for more than 48 hours in a week & 9 hours on any one day. I do not thing any of the Act allows us to take work for 9.30 hours per day. If this is there then half an hour is to be considered as OT. I have gone through the Punjab Shops & Commercial Establishment Act, 1958, Delhi Shops & Establishment Act & Bombay Shops & Establishment Act, 1948 but could not find any such provision which allows us to take work for more than 9 hours on any one day of the week. If any of the Acts allows us to take 9.30 hours (actual working) then let us know for our better understanding. If I am wrong plz correct me.
R.N.Khola
[SIZE=1][B][COLOR=#3366ff][FONT=Verdana]
From India, Delhi
Mr.CS Mukesh Tank has specifically requested the members to give him clarity on legal grounds. It has also been cleared by him that his establishment is covered under the Shops & Establishment Act. Till now he has also not given the name of the State Shops Act applicable to his establishment.
I have not come across any State or Central Act which allows us to take work for more than 48 hours in a week & 9 hours on any one day. I do not thing any of the Act allows us to take work for 9.30 hours per day. If this is there then half an hour is to be considered as OT. I have gone through the Punjab Shops & Commercial Establishment Act, 1958, Delhi Shops & Establishment Act & Bombay Shops & Establishment Act, 1948 but could not find any such provision which allows us to take work for more than 9 hours on any one day of the week. If any of the Acts allows us to take 9.30 hours (actual working) then let us know for our better understanding. If I am wrong plz correct me.
R.N.Khola
[SIZE=1][B][COLOR=#3366ff][FONT=Verdana]
From India, Delhi
Dear
If your company decliare 5 days working in a week, and any employee work more than 5 days then company are liable to pay as overtime for extra working days/hrs.
Arup Roy
Sr. Accountant
Sathyam Procon Private Limited
Surat, Gujarat
Tel. 0261 2747008.
From India, Jaipur
If your company decliare 5 days working in a week, and any employee work more than 5 days then company are liable to pay as overtime for extra working days/hrs.
Arup Roy
Sr. Accountant
Sathyam Procon Private Limited
Surat, Gujarat
Tel. 0261 2747008.
From India, Jaipur
Dear Mr. Khola,
Normally when we refer to 9.30 hours working, it includes the usual break time as well, as we can not expect anybody to work continuously for 9 and half hours in a day. I know many organizations which observe 9.30 hours as daily working with half an hour break in between in a 5 day week system. Moreover, in many MNCs/organizations/private banking sectors, we all know that the notified working hours are maintained just in papers only but in reality what is going on.
Thanks,
Gopal
From India, Jaipur
Normally when we refer to 9.30 hours working, it includes the usual break time as well, as we can not expect anybody to work continuously for 9 and half hours in a day. I know many organizations which observe 9.30 hours as daily working with half an hour break in between in a 5 day week system. Moreover, in many MNCs/organizations/private banking sectors, we all know that the notified working hours are maintained just in papers only but in reality what is going on.
Thanks,
Gopal
From India, Jaipur
In my opinion there should b e a compensatory off and laso the arrangemt of lunch and Taxi fare should b e there. Regards Bhaskar De
From India, Calcutta
From India, Calcutta
I fully concur with Mr. Khosla. The work beyond the limits provided in the law is Over-Time, which is required to be paid at double the rate of the normal wages. If one has not completed 48 hours of work in a week, he can be paid OT @ sigle wags upto balance of 48 hours and @ double the rate beyond that. For national Holidays, the rate is four times the normal wages. Payment of OT is a statutory responsibility, if one works beyond normal working hours.
I do not subscribe to the views of some contributors to this thread that if some one comes to complete the unfinished work, he cannot be paid OT. This is rubbish and a cohesive approach. You cannot force a person to work to complete the unfinished work by staying beyond the normal office working hours or on holidays. If you do you are liable to pay OT.
This also reflects that the organization is understaffed deliberately, to extract extra work from the existing work-force.
It is the sweet will of the management to allow the compensatory off, but it is not compulsory, in addition to the OT.
From India, Chandigarh
I do not subscribe to the views of some contributors to this thread that if some one comes to complete the unfinished work, he cannot be paid OT. This is rubbish and a cohesive approach. You cannot force a person to work to complete the unfinished work by staying beyond the normal office working hours or on holidays. If you do you are liable to pay OT.
This also reflects that the organization is understaffed deliberately, to extract extra work from the existing work-force.
It is the sweet will of the management to allow the compensatory off, but it is not compulsory, in addition to the OT.
From India, Chandigarh
Hi,
As per company Act if any employer calling to any employee for the work on weekly off then there is a compensatory off or encashment. So If you want to call any employee for the work then go ahead and provide them an alternate option.
From India, Mumbai
As per company Act if any employer calling to any employee for the work on weekly off then there is a compensatory off or encashment. So If you want to call any employee for the work then go ahead and provide them an alternate option.
From India, Mumbai
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