3251
I would like to know court judgment which opposes the comp off usage instead of over time.
From India, Chennai
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From India, Chennai
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Dear Friend Narayanan,
Respected Nathrao ji what sir has mentioned in his note #3 is right and it's bottom line we work in India & we have be follow Indian Law in respect of that particular matter and not any other county. And if any organisation is doing so than they have to answer the authority as and when call up to answer and face it .
One more thing I would like to share, when it’s National Holiday or Festival and overtime is paid it will be paid thrice rather than double.
If still there is any question, I would like to suggest you should write to respective LOI,LC of your region and hope he too will say same thing.
Thank you & regards,
From India, Rohtak
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Respected Nathrao ji what sir has mentioned in his note #3 is right and it's bottom line we work in India & we have be follow Indian Law in respect of that particular matter and not any other county. And if any organisation is doing so than they have to answer the authority as and when call up to answer and face it .
One more thing I would like to share, when it’s National Holiday or Festival and overtime is paid it will be paid thrice rather than double.
If still there is any question, I would like to suggest you should write to respective LOI,LC of your region and hope he too will say same thing.
Thank you & regards,
From India, Rohtak
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Dear Mr. Narayanan,
The legal provisions are crystal clear in this regard. If you are so keen on knowing case law, why don't you make some efforts in searching on Google rather than looking for ready-made answers despite experts having given clear opinions and share with us?
Regards,
Vinayak Nagarkar
HR Consultant
From India, Mumbai
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The legal provisions are crystal clear in this regard. If you are so keen on knowing case law, why don't you make some efforts in searching on Google rather than looking for ready-made answers despite experts having given clear opinions and share with us?
Regards,
Vinayak Nagarkar
HR Consultant
From India, Mumbai
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Basics need to be clear. Courts interpret the law. Courts do not make the law. That is the task of the legislature. When the wordings of the law are clear, as in this case, we just have to follow it. When the offense is to be given is laid down. When and how it is treated is clearly laid out. Now, why look for caselaw to reiterate it.
From India, Pune
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From India, Pune
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Mr Good HR Thanks for the reply, it will be of great help if there is any refernce regards to triple rate payment of overtime on national and festival holidays.
From India, Chennai
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From India, Chennai
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Dear Mr. Vinayak Nagarkar,
Thank you for your response.
In my post, I clearly mentioned that the overtime is to be paid at double the rate as per the provision of the law. This aligns with the opinion expressed by you and Mr. Nathrao.
The interpretation of overtime and compensatory offs was based on the "adopted policy of the company," with anticipation of a Chief Security Officer.
Therefore, in my concluding statement, I advised the concerned employee to refer the matter to the appropriate authority for interpretation or action.
From India, Mumbai
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Thank you for your response.
In my post, I clearly mentioned that the overtime is to be paid at double the rate as per the provision of the law. This aligns with the opinion expressed by you and Mr. Nathrao.
The interpretation of overtime and compensatory offs was based on the "adopted policy of the company," with anticipation of a Chief Security Officer.
Therefore, in my concluding statement, I advised the concerned employee to refer the matter to the appropriate authority for interpretation or action.
From India, Mumbai
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""One more thing I would like to share, when it’s National Holiday or Festival and overtime is paid it will be paid thrice rather than double.""
Good_hr
Could you please clarify this statement.
To my knowledge there are three National Holidays-26 Jan, 15 Aug and 02 Oct,
Workers of called for duty need to be paid DOUBLE wages and not triple.
From India, Pune
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Good_hr
Could you please clarify this statement.
To my knowledge there are three National Holidays-26 Jan, 15 Aug and 02 Oct,
Workers of called for duty need to be paid DOUBLE wages and not triple.
From India, Pune
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Dear Mr. Nathrao,
The payment to be made as per the state rules under the INDUSTRIAL ESTABLISHMENTS (NATIONAL AND FESTIVAL HOLIDAYS) ACT, 1963 where the establishment exists, or under Central Rules, as the case may be.
*Central rules specify payment: double or substituted with a leave with pay.
**Andhra, Odisha, Tamil Nadu, and Karnataka state pay double or substitute with leave with pay.
***Maharashtra and Kerala: double the rate along with one leave or thrice the rate.
From India, Mumbai
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The payment to be made as per the state rules under the INDUSTRIAL ESTABLISHMENTS (NATIONAL AND FESTIVAL HOLIDAYS) ACT, 1963 where the establishment exists, or under Central Rules, as the case may be.
*Central rules specify payment: double or substituted with a leave with pay.
**Andhra, Odisha, Tamil Nadu, and Karnataka state pay double or substitute with leave with pay.
***Maharashtra and Kerala: double the rate along with one leave or thrice the rate.
From India, Mumbai
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