Dear Mr. Mukesh tank You simply give them compensatory off in coming week or month. This will avoid the complexities of over time payment ( double of original remuneration).
From India, Mumbai
24From India, Mumbai
Hi Friends
Thanks for you valuable time and inputs. We are 100% law abiding company and does not wish to violate any legal provision. I believe that giving compensatory off violates Bombay Shops & Est Act. Hence the correct position would be to give them OT. I am fully aware that many companies’s gives Compensatory off. Hence I wish to know under which provision of law it is possible to give such compensatory off.
Regards,
Mukesh Tank
From India, Mumbai
Thanks for you valuable time and inputs. We are 100% law abiding company and does not wish to violate any legal provision. I believe that giving compensatory off violates Bombay Shops & Est Act. Hence the correct position would be to give them OT. I am fully aware that many companies’s gives Compensatory off. Hence I wish to know under which provision of law it is possible to give such compensatory off.
Regards,
Mukesh Tank
From India, Mumbai
Dear Mukesh,
I have also gone through The Bombay Shops & Establishment Act, 1948 but could not find any provision relating to grant of compensatory off.
Regards
R.N.Khola
From India, Delhi
I have also gone through The Bombay Shops & Establishment Act, 1948 but could not find any provision relating to grant of compensatory off.
Regards
R.N.Khola
From India, Delhi
Hi Friends,
I have almost completed my research and will update you all of my findings. I need to confirm the same with our consultants. Hence you will get rock solid ans.
But mean while my reponse to R.N.Khola Ji. Please refer to section 35(4) which is reproduce below
(4) Notwithstanding anything contained in this section, every employee, irrespective of his period of employment, shall be entitled to additional holiday on the 26th January, 8[1st May, 15th August and 2nd October] every year. For holiday on these days, he shall be paid wages at a rate equivalent to the daily average of his wages (excluding overtime), which he earns during the month in which such compulsory holidays falls:
Provided that the employer may require any employee to work in the establishment on all or any of these days, subject to the condition that for such work the employee shall be paid double the amount of the daily average wages and also leave on any other day in lieu of the compulsory holiday.]
Regards
CS Mukesh Tank
From India, Mumbai
I have almost completed my research and will update you all of my findings. I need to confirm the same with our consultants. Hence you will get rock solid ans.
But mean while my reponse to R.N.Khola Ji. Please refer to section 35(4) which is reproduce below
(4) Notwithstanding anything contained in this section, every employee, irrespective of his period of employment, shall be entitled to additional holiday on the 26th January, 8[1st May, 15th August and 2nd October] every year. For holiday on these days, he shall be paid wages at a rate equivalent to the daily average of his wages (excluding overtime), which he earns during the month in which such compulsory holidays falls:
Provided that the employer may require any employee to work in the establishment on all or any of these days, subject to the condition that for such work the employee shall be paid double the amount of the daily average wages and also leave on any other day in lieu of the compulsory holiday.]
Regards
CS Mukesh Tank
From India, Mumbai
Dear Mukesh Tank,
You are are railing off track.
Here the Subject matter of thread is
From India, Chandigarh
You are are railing off track.
Here the Subject matter of thread is
How to calculate salary and benefit for working on Saturday and Sunday
The question of National Holidays is not being discussed at all.
The question of National Holidays is not being discussed at all.
From India, Chandigarh
Hi Friends,
I agree with Mr. Surendera,
The section 35 deals with Leave. It states that employees will be entitled for leaves, 5 days or 21 days. Subsection 4 says apart of the leaves mentioned in in this section 4 more leaves will be available. 26th Jan, 1st May, 15 August and 2nd October.
Read carefully:
"Provided that the employer may require any employee to work in the establishment on all or any of these days, subject to the condition that for such work the employee shall be paid double the amount of the daily average wages and also leave on any other day in lieu of the compulsory holiday.
Taking this into consideration if any employee is called to work on Sunday, which is compulsory holiday the employee must be paid double of the amount of daily average wades and also leave on any other day.
Now my friends working in BPO Company wil say that we just give our employee just Compensatory off, just check this provisions are exempted for BPO companies.
Members do guide me if I am wrong.....
Regards
CS Mukesh Tank
From India, Mumbai
I agree with Mr. Surendera,
The section 35 deals with Leave. It states that employees will be entitled for leaves, 5 days or 21 days. Subsection 4 says apart of the leaves mentioned in in this section 4 more leaves will be available. 26th Jan, 1st May, 15 August and 2nd October.
Read carefully:
"Provided that the employer may require any employee to work in the establishment on all or any of these days, subject to the condition that for such work the employee shall be paid double the amount of the daily average wages and also leave on any other day in lieu of the compulsory holiday.
Taking this into consideration if any employee is called to work on Sunday, which is compulsory holiday the employee must be paid double of the amount of daily average wades and also leave on any other day.
Now my friends working in BPO Company wil say that we just give our employee just Compensatory off, just check this provisions are exempted for BPO companies.
Members do guide me if I am wrong.....
Regards
CS Mukesh Tank
From India, Mumbai
Hi,
My contribution to what you said, if the extra working days(weekends) were not stated in their appointment letter, and the job they are doing isn't what they ought to have finished while they were in the office, then they should be compensated.
However, you'll have to make out a particular amount you pay to every staff on a daily basis and stick to that. Don't try to add more money for some staff if you know you won't do the same for everyone to avoid agitation.
I believe the compensation will make them add extra effort there by helping your company grow faster.
I hope my little contribution helps.
From Nigeria, Ibafo
My contribution to what you said, if the extra working days(weekends) were not stated in their appointment letter, and the job they are doing isn't what they ought to have finished while they were in the office, then they should be compensated.
However, you'll have to make out a particular amount you pay to every staff on a daily basis and stick to that. Don't try to add more money for some staff if you know you won't do the same for everyone to avoid agitation.
I believe the compensation will make them add extra effort there by helping your company grow faster.
I hope my little contribution helps.
From Nigeria, Ibafo
Thanks you very much friends for all your views and inputs.
I just wanted to know the applicatino of Bombay Shop & Est Act on working on Sunday. I belive that one day weekly off is to be considered as compulsory holiday like national holiday. Hence if the employee are called to work on compulsory holiday than employer must pay double the average daily pay and also compensatory off.
Friends please understand one fact that if the employee is not able to complete his work on 48 hrs per week than he may work on additional hrs. But Shop & Est Act put restrition of weekly working hrs. How to comply this legal stand.
Hence to aviod this better apply for exemptions for application of this sections on your organisation.
This is the way to comply the Law. Friends pls keep posting your views,
Please senior HR guys let us know how you manage your shows on Sundays working?
Regards
CS Mukesh Tank
From India, Mumbai
I just wanted to know the applicatino of Bombay Shop & Est Act on working on Sunday. I belive that one day weekly off is to be considered as compulsory holiday like national holiday. Hence if the employee are called to work on compulsory holiday than employer must pay double the average daily pay and also compensatory off.
Friends please understand one fact that if the employee is not able to complete his work on 48 hrs per week than he may work on additional hrs. But Shop & Est Act put restrition of weekly working hrs. How to comply this legal stand.
Hence to aviod this better apply for exemptions for application of this sections on your organisation.
This is the way to comply the Law. Friends pls keep posting your views,
Please senior HR guys let us know how you manage your shows on Sundays working?
Regards
CS Mukesh Tank
From India, Mumbai
Hi Friends,
I would like to add one more thing further,
Please check section 14 of Min Wages Act, 1948. It starts with "(1) Where an employee whose minimum rate of wages is fixed under this Act .......works on any day in excess of the number of hours constituting a normal working day the employer shall pay him for every hour or for part of an hour so worked in excess at the overtime rate fixed under this Act or under any law of the appropriate government for the time being in force whichever is higher.
Now in one of the SC decided case it was held that section 14 can attract only when Minimum Wages is fixed under the Minimum Wages Act, 1948. If the payment is made more than the minimum wages fixed under the act then the provision is not attracted.
Just check the judgement attached and give your further views
CS Mukesh Tank
From India, Mumbai
I would like to add one more thing further,
Please check section 14 of Min Wages Act, 1948. It starts with "(1) Where an employee whose minimum rate of wages is fixed under this Act .......works on any day in excess of the number of hours constituting a normal working day the employer shall pay him for every hour or for part of an hour so worked in excess at the overtime rate fixed under this Act or under any law of the appropriate government for the time being in force whichever is higher.
Now in one of the SC decided case it was held that section 14 can attract only when Minimum Wages is fixed under the Minimum Wages Act, 1948. If the payment is made more than the minimum wages fixed under the act then the provision is not attracted.
Just check the judgement attached and give your further views
CS Mukesh Tank
From India, Mumbai
Every case has to be decided on its fact & circumstances, the present case refered by you. Although the local Authority was scheduled under Payment of Minimum Wages but Govt has not notified any Minimum wages in respect of Local Authority and was covered the Govt Service Rules.
Before applicablity of the The Payment of Minimum Wages Act as discussed in the judgement attached here, the first and formost condition is that the appropraite Govt must fixed MW for that particular schedule employment.
In case of commercial establishment covered by Shop & Establishment Act appropriate govt always fixed & notify MW all most in all states.
Secondly as stated clearly in judgment it will not applicable where employee are geting more than minimum wage but where? where employee is getting more under other statutory rules, as in present case where the govt has fixed pay scale under Madhya Pradesh Municipal Service (Scales of Pay and Allowances) Rules, 1967.
Even if you are assuming that MW Act is not applicable then, it will be covered by Shop & Establishment Act, which provide clearly about payment of overtime in case of excess hrs of work beyond 9hrs in day & 48hrs in week.
Before applicablity of the The Payment of Minimum Wages Act as discussed in the judgement attached here, the first and formost condition is that the appropraite Govt must fixed MW for that particular schedule employment.
In case of commercial establishment covered by Shop & Establishment Act appropriate govt always fixed & notify MW all most in all states.
Secondly as stated clearly in judgment it will not applicable where employee are geting more than minimum wage but where? where employee is getting more under other statutory rules, as in present case where the govt has fixed pay scale under Madhya Pradesh Municipal Service (Scales of Pay and Allowances) Rules, 1967.
Even if you are assuming that MW Act is not applicable then, it will be covered by Shop & Establishment Act, which provide clearly about payment of overtime in case of excess hrs of work beyond 9hrs in day & 48hrs in week.
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