Dear Friends, let's not deviate from the core question. Even in my previous company, if we worked on an off day, we received compensatory time off. This time off had to be taken within a week. Also, the allocation of such time off was at the discretion of the manager. When we consider that the work needs to be completed, sometimes the workload given may exceed what can be accomplished within a set timeframe.
There are Acts, Rules, and Regulations governing the working hours of employees. I seek clarity on legal grounds in this regard. I am currently researching this topic, and once I have more information, I will share it with you all. In the meantime, please reflect on this and help me improve my understanding.
Regards, CS Mukesh Tank
From India, Mumbai
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19There are Acts, Rules, and Regulations governing the working hours of employees. I seek clarity on legal grounds in this regard. I am currently researching this topic, and once I have more information, I will share it with you all. In the meantime, please reflect on this and help me improve my understanding.
Regards, CS Mukesh Tank
From India, Mumbai
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Hi,
It is best to have the option of compensatory time off instead of making rules for overtime payment. Employees who are coming in on Saturdays and Sundays due to business urgencies may be given time off, which must be taken within 30-45 days. These leave days cannot be accumulated as casual leave/sick leave/paid leave or encashed.
Rules and guidelines need to be formulated in a way that employees working on weekends must inform HR in advance, and this request needs to be approved by their Head of Department as well.
From India, New Delhi
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It is best to have the option of compensatory time off instead of making rules for overtime payment. Employees who are coming in on Saturdays and Sundays due to business urgencies may be given time off, which must be taken within 30-45 days. These leave days cannot be accumulated as casual leave/sick leave/paid leave or encashed.
Rules and guidelines need to be formulated in a way that employees working on weekends must inform HR in advance, and this request needs to be approved by their Head of Department as well.
From India, New Delhi
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Dear Mukesh,
Answer to your queries No. 1 & 2: As per the Shops & Est Act, weekly working hours should be restricted to 48 hours, whether you operate with a 5-day or 6-day working week. With overtime, this can be extended up to 52 hours per week. Since you are working 9.30 hours daily, it totals to 47.5 hours per week, which is within the limit. Therefore, if you call any employee to work on Saturday/Sunday, it will attract overtime pay if the employee falls under the non-supervisory category. There is no need to provide compensatory time off if you pay overtime. However, many organizations manage and regulate such situations through their Attendance and Leave Policy.
All the best,
Gopal
From India, Jaipur
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Answer to your queries No. 1 & 2: As per the Shops & Est Act, weekly working hours should be restricted to 48 hours, whether you operate with a 5-day or 6-day working week. With overtime, this can be extended up to 52 hours per week. Since you are working 9.30 hours daily, it totals to 47.5 hours per week, which is within the limit. Therefore, if you call any employee to work on Saturday/Sunday, it will attract overtime pay if the employee falls under the non-supervisory category. There is no need to provide compensatory time off if you pay overtime. However, many organizations manage and regulate such situations through their Attendance and Leave Policy.
All the best,
Gopal
From India, Jaipur
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Dear Members,
Mr. CS Mukesh Tank has specifically requested the members to give him clarity on legal grounds. It has also been clarified by him that his establishment is covered under the Shops & Establishment Act. However, till now, he has not provided the name of the State Shops Act applicable to his establishment.
I have not come across any State or Central Act that allows us to work for more than 48 hours in a week and 9 hours on any one day. I do not think any of the Acts allow us to work for 9.30 hours per day. If such a provision exists, then half an hour is to be considered as overtime. I have reviewed the Punjab Shops & Commercial Establishment Act, 1958, Delhi Shops & Establishment Act, and the Bombay Shops & Establishment Act, 1948, but could not find any such provision that permits us to work for more than 9 hours on any one day of the week. If any of the Acts permit working for 9.30 hours (actual working hours), kindly inform us for better understanding. If I am mistaken, please correct me.
R.N. Khola
From India, Delhi
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Mr. CS Mukesh Tank has specifically requested the members to give him clarity on legal grounds. It has also been clarified by him that his establishment is covered under the Shops & Establishment Act. However, till now, he has not provided the name of the State Shops Act applicable to his establishment.
I have not come across any State or Central Act that allows us to work for more than 48 hours in a week and 9 hours on any one day. I do not think any of the Acts allow us to work for 9.30 hours per day. If such a provision exists, then half an hour is to be considered as overtime. I have reviewed the Punjab Shops & Commercial Establishment Act, 1958, Delhi Shops & Establishment Act, and the Bombay Shops & Establishment Act, 1948, but could not find any such provision that permits us to work for more than 9 hours on any one day of the week. If any of the Acts permit working for 9.30 hours (actual working hours), kindly inform us for better understanding. If I am mistaken, please correct me.
R.N. Khola
From India, Delhi
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Dear,
If your company declares 5 days of work in a week, and any employee works more than 5 days, then the company is liable to pay overtime for the extra working days/hours.
Arup Roy
Sr. Accountant
Sathyam Procon Private Limited
Surat, Gujarat
Tel. 0261 2747008.
From India, Jaipur
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If your company declares 5 days of work in a week, and any employee works more than 5 days, then the company is liable to pay overtime for the extra working days/hours.
Arup Roy
Sr. Accountant
Sathyam Procon Private Limited
Surat, Gujarat
Tel. 0261 2747008.
From India, Jaipur
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Dear Mr. Khola,
Normally, when we refer to a 9.30-hour workday, it includes the usual break time as well, as we cannot expect anybody to work continuously for 9 and a half hours in a day. I know many organizations that observe a 9.30-hour workday with a half-hour break in between in a 5-day week system. Moreover, in many MNCs, organizations, and private banking sectors, we all know that the officially stated working hours are maintained only on paper, but in reality, what is happening is different.
Thanks,
Gopal
From India, Jaipur
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Normally, when we refer to a 9.30-hour workday, it includes the usual break time as well, as we cannot expect anybody to work continuously for 9 and a half hours in a day. I know many organizations that observe a 9.30-hour workday with a half-hour break in between in a 5-day week system. Moreover, in many MNCs, organizations, and private banking sectors, we all know that the officially stated working hours are maintained only on paper, but in reality, what is happening is different.
Thanks,
Gopal
From India, Jaipur
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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
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From India, Calcutta
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Hi,
As per company policies, if an employer calls an employee to work on their weekly day off, the employee is entitled to compensatory time off or compensation. Therefore, if you need to ask an employee to work on their day off, please ensure to offer them an alternative option.
Thank you.
From India, Mumbai
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As per company policies, if an employer calls an employee to work on their weekly day off, the employee is entitled to compensatory time off or compensation. Therefore, if you need to ask an employee to work on their day off, please ensure to offer them an alternative option.
Thank you.
From India, Mumbai
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