Dear Anonymous,
In the state of Maharashtra, in the case of an establishment such as a hotel, 20 or more employees are required for coverage under the Act. This is as per notification ESI No. 1677/3910.PH-15 dated 18.09.1978. Once coverage is established, inspections can be conducted by the authorities under the Act.
Thank you.
From India, Pune
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38In the state of Maharashtra, in the case of an establishment such as a hotel, 20 or more employees are required for coverage under the Act. This is as per notification ESI No. 1677/3910.PH-15 dated 18.09.1978. Once coverage is established, inspections can be conducted by the authorities under the Act.
Thank you.
From India, Pune
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Hi,
COFF is not a leave-in actuality. It is time off provided in lieu of working on a weekly off. This means COFF is an adjusted weekly off, compensating for working on the regular weekly off day. Therefore, you are giving the employee an adjusted weekly off against their regular off on Sunday. The employee receives their adjusted weekly off on Saturday (COFF) and their actual weekly off on Sunday, so their official leave commences on Monday. Consequently, Sunday is not counted as part of their leave period.
From India, Mumbai
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COFF is not a leave-in actuality. It is time off provided in lieu of working on a weekly off. This means COFF is an adjusted weekly off, compensating for working on the regular weekly off day. Therefore, you are giving the employee an adjusted weekly off against their regular off on Sunday. The employee receives their adjusted weekly off on Saturday (COFF) and their actual weekly off on Sunday, so their official leave commences on Monday. Consequently, Sunday is not counted as part of their leave period.
From India, Mumbai
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Dear All,
This is called the sandwich rule of leave. There is no legal provision governing this, so it all depends upon the policy of the company.
In my opinion, if you do not have anything written on the same in your policies, you should not club it. That will be deemed detrimental to the interest of the employee. Before implementing anything or any rule that may be considered detrimental to the interest of the employee, you will have to serve notice as per the requirement of Section 9A of the Industrial Disputes Act.
Also, it is a comp off. If an employee worked on a weekly off, it means they worked for around 13 days without a leave. Now, let them enjoy and have fun for a couple of days. Be a good HR and be supportive to employees.
From India, New Delhi
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This is called the sandwich rule of leave. There is no legal provision governing this, so it all depends upon the policy of the company.
In my opinion, if you do not have anything written on the same in your policies, you should not club it. That will be deemed detrimental to the interest of the employee. Before implementing anything or any rule that may be considered detrimental to the interest of the employee, you will have to serve notice as per the requirement of Section 9A of the Industrial Disputes Act.
Also, it is a comp off. If an employee worked on a weekly off, it means they worked for around 13 days without a leave. Now, let them enjoy and have fun for a couple of days. Be a good HR and be supportive to employees.
From India, New Delhi
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Hi,
Please formulate the leave policy, procedure, process, workflow, and templates.
A simple solution can be:
If an employee is required to perform duties on a Saturday/Sunday or on a closed holiday, they may be given compensatory leave for a corresponding number of days, provided that he/she will not be entitled to draw any overtime allowance admissible to him/her for those days. Furthermore, compensatory leave shall not be accumulated by an employee for more than three days.
Thanks
From India
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Please formulate the leave policy, procedure, process, workflow, and templates.
A simple solution can be:
If an employee is required to perform duties on a Saturday/Sunday or on a closed holiday, they may be given compensatory leave for a corresponding number of days, provided that he/she will not be entitled to draw any overtime allowance admissible to him/her for those days. Furthermore, compensatory leave shall not be accumulated by an employee for more than three days.
Thanks
From India
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As per the Factories Act, if an employee needs to work on a weekly off, they should be given one compensatory off. An employee should not work for more than ten days without an off.
Regarding the practice of compensatory off, if it coincides with a weekly off and another leave, then the weekly off does not lapse. This "rule of sandwich" applies only in the case of PL, CL, and LWP but not for Coff.
For example, if an employee takes Coff on Saturday, Sunday is the weekly off, and Monday is PL, then the weekly off does not lapse. However, if Saturday is PL, Sunday is the weekly off, and Monday is PL, then the weekly off should be considered as PL.
From India, Mumbai
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Regarding the practice of compensatory off, if it coincides with a weekly off and another leave, then the weekly off does not lapse. This "rule of sandwich" applies only in the case of PL, CL, and LWP but not for Coff.
For example, if an employee takes Coff on Saturday, Sunday is the weekly off, and Monday is PL, then the weekly off does not lapse. However, if Saturday is PL, Sunday is the weekly off, and Monday is PL, then the weekly off should be considered as PL.
From India, Mumbai
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Dear Mr. Prasad, If Saturday is Compensatory off day then Sunday will be Off day. If Saturday will be on leave then Sunday will count with leave. Rajeev
From India, New Delhi
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From India, New Delhi
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Vanaprasad,
Sunday, in this case, will be considered as a weekly off and not a leave.
Sunday would have been considered as leave only in the case where your company followed the Sandwich policy and the Employee had taken a leave on Friday as well. In this case, he took Saturday as a Compensatory Off. Hence, it should not be counted under leave.
From India, Pune
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Sunday, in this case, will be considered as a weekly off and not a leave.
Sunday would have been considered as leave only in the case where your company followed the Sandwich policy and the Employee had taken a leave on Friday as well. In this case, he took Saturday as a Compensatory Off. Hence, it should not be counted under leave.
From India, Pune
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No, it's not the same in the case of permitted leave. I mean to say, if an employee takes time off from his duties without prior permission, then the Sunday (normal week off) that falls during his extended absence is considered as absenteeism.
On the other hand, if he applies for and receives permission for an extended leave that includes a Sunday, then the Sunday will be classified as a paid holiday, while the other days will be considered as leave (CL/EL/SL). According to the Factories Act, one day off should be granted per week. It doesn't have to specifically be Sunday; the company can designate any day of the week as the weekly off day.
In addition to working hours, the weekly off day should be displayed on the notice board. Therefore, Sunday is the designated holiday if an employee works continuously for six days in a week. However, in the case of absence from work, it is not mandatory to provide a weekly off, and that day will also be counted as absent.
Please seek further clarification from senior management.
From India, Bangalore
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On the other hand, if he applies for and receives permission for an extended leave that includes a Sunday, then the Sunday will be classified as a paid holiday, while the other days will be considered as leave (CL/EL/SL). According to the Factories Act, one day off should be granted per week. It doesn't have to specifically be Sunday; the company can designate any day of the week as the weekly off day.
In addition to working hours, the weekly off day should be displayed on the notice board. Therefore, Sunday is the designated holiday if an employee works continuously for six days in a week. However, in the case of absence from work, it is not mandatory to provide a weekly off, and that day will also be counted as absent.
Please seek further clarification from senior management.
From India, Bangalore
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Sib: Regarding ESIC Inspection Dear Sir, I am Laxman Naik My Small querry is there that is How many employees should be there for ESIC Inspection in the Hotel Industry?
From India, Mumbai
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From India, Mumbai
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Compensatory Off_Shrt Leave.xls