Can I take Compensatory off as physical present for calculating Earned Leave?
From India, Jamshedpur
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From India, Jamshedpur
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In my view, you can include the days on which you were on compensatory off availed by you for working on a holiday for the purpose of computing earned leave. B.Saikumar HR & Labour Law advisor
From India, Mumbai
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1931From India, Mumbai
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In my view, you can include the days on which you were on compensatory off availed by you for working on a holiday for the purpose of computing earned leave. - B.Saikumar
From India, Mumbai
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From India, Mumbai
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If you are counting as present the original weekly off when you worked, then compensatory off should not be counted in the number of days worked. If, however, that day was being counted as the weekly off, then the day you are absent for the weekly off will be counted as working.
From India, Mumbai
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From India, Mumbai
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Dear,
Not at all. Nobody who is granted compensatory time off will be considered as physically present on that day for any purpose. However, they will be considered as physically present on a declared REST DAY or a HOLIDAY specified under relevant rules and circulars issued by the concerned establishment.
For example, an employee who works on a Sunday will be marked as present on that Sunday or Holiday, but not on the weekdays for which they were given compensatory Rest. If the employee is denied Rest in that week, the Rest should be carried forward for a maximum of 2 calendar months, within which they must be allowed to take the compensatory rest, or they will be entitled to payment at the rate specified in the PW Act, i.e., double the normal salary/wage rate.
AK Jain
From India, New+Delhi
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Not at all. Nobody who is granted compensatory time off will be considered as physically present on that day for any purpose. However, they will be considered as physically present on a declared REST DAY or a HOLIDAY specified under relevant rules and circulars issued by the concerned establishment.
For example, an employee who works on a Sunday will be marked as present on that Sunday or Holiday, but not on the weekdays for which they were given compensatory Rest. If the employee is denied Rest in that week, the Rest should be carried forward for a maximum of 2 calendar months, within which they must be allowed to take the compensatory rest, or they will be entitled to payment at the rate specified in the PW Act, i.e., double the normal salary/wage rate.
AK Jain
From India, New+Delhi
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The issue is whether the day on which a workman is granted compensatory off shall be counted as a day of actual service for the purpose of computing earned leave/annual leave. The law is well settled on the issue of whether Sundays/holidays on which a workman is paid shall be considered as days on which he is deemed to have actually worked. In Workmen of American Express International Banking Corporation V Management 1985 II LLJ page 539 (Supreme Court), it was held that Sundays and holidays on which a workman is paid shall be considered as days on which a workman is deemed to have actually worked and thus shall be included in computing continuous service within the meaning of Sec.25-B of the Industrial Disputes Act 1947.
Now, the concept of compensatory off arose out of the need to compensate for the day of rest, whether in the form of a paid weekly off or paid holiday permitted to a workman on which he is called up to work by the management. Thus, a compensatory off is a substituted weekly off or holiday. It being so, when the paid weekly off or paid holiday is deemed to be construed as days on which he is deemed to have actually worked, then the substituted weekly off or holiday can have the same attribute under the law. Therefore, the workman, in my view, cannot be denied the benefit of being treated as on duty on a day of compensatory off to which he would have been entitled on a weekly off or holiday, even if he had not been called to work and was enjoying his rest. The law itself grants this fictional service.
Not only this, I have not come across any statutory provision that expressly excludes weekly offs or holidays or compensatory offs from being counted for the purpose of computing earned leave. On the other hand, the explanation to Sec.79 of the Factories Act 1948 clearly and unambiguously excluded only the days on which a factory worker enjoyed leave for computing annual leave, and it nowhere excluded a weekly off or holidays or the compensatory offs that are paid. We cannot exclude what is not excluded by the statute.
From India, Mumbai
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Now, the concept of compensatory off arose out of the need to compensate for the day of rest, whether in the form of a paid weekly off or paid holiday permitted to a workman on which he is called up to work by the management. Thus, a compensatory off is a substituted weekly off or holiday. It being so, when the paid weekly off or paid holiday is deemed to be construed as days on which he is deemed to have actually worked, then the substituted weekly off or holiday can have the same attribute under the law. Therefore, the workman, in my view, cannot be denied the benefit of being treated as on duty on a day of compensatory off to which he would have been entitled on a weekly off or holiday, even if he had not been called to work and was enjoying his rest. The law itself grants this fictional service.
Not only this, I have not come across any statutory provision that expressly excludes weekly offs or holidays or compensatory offs from being counted for the purpose of computing earned leave. On the other hand, the explanation to Sec.79 of the Factories Act 1948 clearly and unambiguously excluded only the days on which a factory worker enjoyed leave for computing annual leave, and it nowhere excluded a weekly off or holidays or the compensatory offs that are paid. We cannot exclude what is not excluded by the statute.
From India, Mumbai
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LEAVE ENCASHMENT NOT INCLUDED IN WAGES FOR P. F. CALCULATION.pdf
Compensatory Off_Shrt Leave.xls