Kindly clarify for calculation of compensatory offs encashment Basic + DA is to be considered or only Basic.
From India, Visakhapatnam
1From India, Visakhapatnam
Dear Sasubura,
Please confirm, compensatory off means actually what that you want to check for. It is paid holiday or weekly off or extra hours working compoff ????
Please elaborate your question which will help us to answer your query.
Please confirm, compensatory off means actually what that you want to check for. It is paid holiday or weekly off or extra hours working compoff ????
Please elaborate your question which will help us to answer your query.
Dear Sasubura,
It can be either of them only, either employee has done OT and you are seeking calculation of payment or if they are taking C off you are seeking the mode of adjustment.
Compensatory off shall be deemed to be a regular working day for such employee and needs to paid in full, as it is a paid leave.
From India, Hyderabad
It can be either of them only, either employee has done OT and you are seeking calculation of payment or if they are taking C off you are seeking the mode of adjustment.
Compensatory off shall be deemed to be a regular working day for such employee and needs to paid in full, as it is a paid leave.
From India, Hyderabad
As per law compensatory off can not be encashed any more than weekly offs can be encashed. It’s not allowed so I suggest you do not do it
From India, Mumbai
From India, Mumbai
Dear colleague,
1 The law provides giving one day's off in a week for working 48 hours.
2 If anybody works on the weekly off day it is to be substituted with another day and full wages to be paid.
3. If anybody works on paid holiday, he is either paid double the wages or single wages with substituted paid holiday.
4 There is no compensatory off for having worked overtime and OT hours are to be paid with double the normal wage rate.
Regards
Vinayak Nagarkar
HR-Consultant
From India, Mumbai
1 The law provides giving one day's off in a week for working 48 hours.
2 If anybody works on the weekly off day it is to be substituted with another day and full wages to be paid.
3. If anybody works on paid holiday, he is either paid double the wages or single wages with substituted paid holiday.
4 There is no compensatory off for having worked overtime and OT hours are to be paid with double the normal wage rate.
Regards
Vinayak Nagarkar
HR-Consultant
From India, Mumbai
Although there is no provision for Compensatory Off in our statutes, there is only a provision for compensatory holiday, as mentioned in Section 53 of the Factories Act 1948, but in the manufacturing sector there is a wide spread practice of Compensatory off as a holiday earned for the extra work, be it in excess of 48 hrs/week or for working on a weekly off day. It is risking the life and limb of workman and the ideal condition would be complying with compensatory holiday condition as per Factories Act (i.e., to be availed in 1+2 months). In deed there is a high court judgement which states that a workman cannot have both OT payment and compensatory holiday for extra working. But the pertinent aspect is that there cannot be encashment of compensatory off, there is no law providing for it, and on the top of it all, it deprives a workman of his need for bodily rest and rejuvenation which is very badly needed. Such a practice would tempt a workman to sacrifice his need for rest for certain extra work. As conscientious HR practitioners we should not encourage such evil practices.
From India, Mumbai
From India, Mumbai
Dear Friend,
The Compensatory off is nothing but to compensate day of work done by the workman on his off day. But workmen are called for work in emergency & exigency condition on declared holiday, the holiday working is also compensated by allowing a leave in some other day [may be with cash compensation as per the statute of that sate]. This is not uniform to all because different organisations have different leave rules and certified standing orders. Standing order & leave rule framed by the organisation comprising the provisions under Acts & rules that may be Factories Act, Mines Act, Shops & commercial Establishment Act and National & Festival Act.
The Over Time is no way falling within the ambit compensatory provision of a leave, rather to pay doubled the rate and will reflect on the payment of that month. Whereas the leave calculation is done at the end of calendar year on the basis of attendance put by the workman or employee as per the ratio set by the organisation, even can add or deduct, surplus leave or advance leave taken during the year. It is you to decide how to proceed in the matter.
From India, Mumbai
The Compensatory off is nothing but to compensate day of work done by the workman on his off day. But workmen are called for work in emergency & exigency condition on declared holiday, the holiday working is also compensated by allowing a leave in some other day [may be with cash compensation as per the statute of that sate]. This is not uniform to all because different organisations have different leave rules and certified standing orders. Standing order & leave rule framed by the organisation comprising the provisions under Acts & rules that may be Factories Act, Mines Act, Shops & commercial Establishment Act and National & Festival Act.
The Over Time is no way falling within the ambit compensatory provision of a leave, rather to pay doubled the rate and will reflect on the payment of that month. Whereas the leave calculation is done at the end of calendar year on the basis of attendance put by the workman or employee as per the ratio set by the organisation, even can add or deduct, surplus leave or advance leave taken during the year. It is you to decide how to proceed in the matter.
From India, Mumbai
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