Dear All,
We are giving 24 Leaves in year i.e. 2 leaves are added in every month to employees.
Every year 20 leaves are carry forward & balance are paid. Also we have comp off policy means if any employee work on holiday or weekly off thn he can take compensatory leave against that addition working. If at the end of the year comp off is balance it will be paid off.
We were paying the leaves & comp off on the basic salary.
My questions are:-
1. What is the validity of comp off should be taken withing the period (e.g.1 month, quarter or year)
2. Our employees are refusing to take comp off pay on basic salary they are saying that while cutting from salary i.e. LWP all competences where deducted & paying leaves & comp off will be calculated on basic. What is the actual rule for comp off or leaves paid off?
3. Is this against the law if we pay leaves to employee on basic salary
Regards,
Amruta

From India, Pune
Dear Amruta Rajput,

Greeting of the day!!!!!!

As per standing orders every employee should get right to leave & the same thing followed by everywhere. The part of our discussion I have suggest you saying staff to take Compensatory Off within one month or quarter not to accumulate more than 5 days compensatory off in every quarter or month. & one thing say clearly anybody accumulate the C off there leave should be lapse. Otherwise employer should give benefit of encashment; automatically there is no loss of pay of any employees.

Leave benefit will be given after confirmation in service. Training & probation period not entitled any leave such as sick leave, casual leave & Privilege Leave. If any employees taking leave in his Training or Probation, you are marked with LWP. All leaves will be calculated on Basic Salary, this is not against the law. If they are enjoyed leaves they should get full benefit including his allowance.

Privilege Leave: employee working with 240 days in a calendar year they are eligible to 20 days PL.

I hereby suggested that, you have to make HR policy for your organization with taking guidance or discuss your seniors or company MD & I hope all them implemented as per HR Policy.

Regards,

Anant Bhosle

9892986722

From India, Mumbai
Attached Files (Download Requires Membership)
File Type: docx COM off & Leave.docx (11.3 KB, 1064 views)

Under factories act, compensatory off needs to be taken within 3 days before or after the weekly off where they were required to work. There is no provision for giving salary in place of compensatory off.
The exception is where the factory worked (all employees called to work) on a weekly off with approval of the factory inspector, and an alternate compensatory off was declared for the factory, each worker can take their compensatory off within 2 months from the end of the month when the factory worked on the off day

From India, Mumbai
In My company you can avail Com off up to last year we are thinking to limit it with in three month. if any one not avail there Comp off leave he will get his comp off paid against basic salary...
From India, Gurgaon
Under factories at at least, this is not legally allowed
However, most companies are allowing this and so far I have not heard of action taken on the management by the labour department on this matter.
It's a risk you are running, you need to assess how high the risk is and decide whether it needs to change further

From India, Mumbai
can you guide me what is wrong ??? and where i have to work ??
From India, Gurgaon
1. Every person in a factory needs to get a weekly off
2. In case the person has to work on his weekly off, he needs to be given a compensatory off wothin 3 days prior or before the weekly off
3. No person can work for more than 10 days without an weekly off or compensatory off.

From India, Mumbai
Dear All, Weekly Off person attain in company and they take another day against his attain weekly off wht the provision of this
From India, Ahmadabad
Dear Amruta,
Do you have a encashment policy in place? If you do not make sure you make this a priority to clarify the same. If you find this difficult send a circular through a senior manager.
If you are allowing 20 leaves to be carry forwarded every year it would put a huge strain during the final settlement if you are paying gross salary. There is always a trade off between gross salary payment for leaves and number of leaves to be carry forwarded and also the encashment is not available for the extra days worked. In companies there is a gross salary payment there is a limit on the number of days that can be encashed, the others just lapse.
Hope this is helpful.
Regards,
Pratima

From India, Mumbai
Dear Amruta Rajput,
Greetings for the day,
As regarding compensatory off saswatabanerjee is right as far as PL is concern for every 20days 1 leave should be credited to employee account, and trainees & probationers have all rights to enjoy all benefits & compensations as any of the employees have.
thanks & Regards,
From,
Sumit Kumar Saxena

From India, Ghaziabad
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