Dear All, I would like to understand if it is possible to prepone or postpone the weekly off by 2 or 3 days due to work urgency or a medical emergency. If so:
Implications of Changing Weekly Off
1. What will be the implications?
Overtime Considerations
2. Is it required to pay overtime?
Weekly Hour Limit
3. Does it exceed the weekly 48-hour limit?
Maharashtra S & E Act 2017
4. According to the Maharashtra S & E Act 2017, Chapter 3, Paragraph 16 (C), it states, "If a worker is denied a weekly holiday, compensatory leave in lieu thereof shall be given within two months of such weekly holiday." Please specify the correct rule.
Thank you.
From India, Pune
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1Implications of Changing Weekly Off
1. What will be the implications?
Overtime Considerations
2. Is it required to pay overtime?
Weekly Hour Limit
3. Does it exceed the weekly 48-hour limit?
Maharashtra S & E Act 2017
4. According to the Maharashtra S & E Act 2017, Chapter 3, Paragraph 16 (C), it states, "If a worker is denied a weekly holiday, compensatory leave in lieu thereof shall be given within two months of such weekly holiday." Please specify the correct rule.
Thank you.
From India, Pune
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The Act further provides that:
(e) Where a worker is required to work on a day of his rest, he shall be entitled to wages at the rate of twice his ordinary rate of wages. In the S&E Act, there is no requirement for payment of OT charges in addition to this.
From India, Mumbai
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(e) Where a worker is required to work on a day of his rest, he shall be entitled to wages at the rate of twice his ordinary rate of wages. In the S&E Act, there is no requirement for payment of OT charges in addition to this.
From India, Mumbai
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Emergency Work on Weekly Off Days
In case of emergency and exigency, workmen can be put to work on the day of the weekly off, National Holiday (NH), or Festival Holiday (FH), as the case may be. However, they should be paid wages at the rate of twice their ordinary rate of wages or both wages and a compensatory leave as per the state rules.
The act and rules are flexible; however, there should not be any exploitation of workmen. Therefore, consider how to motivate workmen to work on the day of the weekly off in exchange for compensatory time off on any day within two months or compensatory time off with some monetary payment as your management deems best for the situation.
From India, Mumbai
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In case of emergency and exigency, workmen can be put to work on the day of the weekly off, National Holiday (NH), or Festival Holiday (FH), as the case may be. However, they should be paid wages at the rate of twice their ordinary rate of wages or both wages and a compensatory leave as per the state rules.
The act and rules are flexible; however, there should not be any exploitation of workmen. Therefore, consider how to motivate workmen to work on the day of the weekly off in exchange for compensatory time off on any day within two months or compensatory time off with some monetary payment as your management deems best for the situation.
From India, Mumbai
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Finace ministry legal provisions RTI 4.06.pdf