If an executive employee is asked to attend duty on an off day, she covers only 2:30hrs. Is she entitled for full 8 hrs payment or just 2:30 of payment of the wages?
What do you mean by "executive employee"? An employee designated as Executive shall also become a 'workman" in the real sense, ie, if she has no reportees under her, she will come under the purview of worker. At the same time, if she is a an executive by all means, with functional authorities to sanction leave, initiate disciplinary action or appraise the performance, then she cannot claim overtime wages as a matter of right. At the same time, if she falls under worker, she can claim overtime wages at double the rate FOR THE HOURS she has worked. She cannot claim 8 hours salary for 2.5 hours worked.
From India, Kannur
4248From India, Kannur
Beyond the legalities pointed out by the learned member, is there any real compensation for sacrificing the much-awaited weekly off day? It definitely would be disappointing to the employee/family members to lose the day like this. At this point, making a proportionate payment to the hrs worked without counting the commuting time would be an insult, and would not be to the liking of employees. The real need is to make the workplace attractive and to make the visit to the workplace a pleasure. Consider giving conveyance and some food allowance too.
From India, Mumbai
From India, Mumbai
Dear Sam,
Don't be confuse, She can claim overtime wages against 2.5 hours (double rate). She cannot claim full day against 2.5 hours. Do as per applicable labour laws.
If there would be any difficulty to pay OT then half CO can be given.
Don't be confuse, She can claim overtime wages against 2.5 hours (double rate). She cannot claim full day against 2.5 hours. Do as per applicable labour laws.
If there would be any difficulty to pay OT then half CO can be given.
Having put in Private Sector for more than 30 years, there are generally two sets of employees, management and non-Management cadre, and from Management cadre employees, particularly those working in the Plants and living in the adjacent township, it is expected that they are always available to attend all the emergencies round the clock and there is no compensation is granted for the such cadre of employees due to inbuilt such obligation to the position.
Even if you see your State Factories Rules, a certain class of employees are exempted from the provisions of Sections 51, 52 etc, and are permitted to work beyond the statutory limit of working hours.
In the above case, if there is any system of payment, you can compensate for 5 hours and not for 8 hours provided you are not deducting any salary for inordinate late coming or early going.
Dr Kamlesh Agrawal
Mumbai
From India, Delhi
Even if you see your State Factories Rules, a certain class of employees are exempted from the provisions of Sections 51, 52 etc, and are permitted to work beyond the statutory limit of working hours.
In the above case, if there is any system of payment, you can compensate for 5 hours and not for 8 hours provided you are not deducting any salary for inordinate late coming or early going.
Dr Kamlesh Agrawal
Mumbai
From India, Delhi
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Notification No- S.O.187(E)-Revi sed Schedule minimum rates of wages per day.pdf
Minimum Wages in Maharashtra for the period January 2018 to June 2018.xls