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?
Acknowledge(0)
Amend(0)
Acknowledge(0)Amend(0)
What do you mean by "executive employee"? An employee designated as an Executive shall also become a 'workman' in the real sense, i.e., if she has no reportees under her, she will come under the purview of a worker. At the same time, if she is 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. However, if she falls under the worker category, 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
Acknowledge(0)Amend(0)
4483From India, Kannur
Acknowledge(0)Amend(0)
Beyond the legalities pointed out by the knowledgeable member, is there any real compensation for sacrificing the much-awaited weekly off day? It would definitely be disappointing for the employee and their family members to lose the day like this. At this point, making a proportionate payment for the hours worked without counting the commuting time would be an insult and not to the liking of employees. The real need is to make the workplace attractive and ensure that visiting the workplace is a pleasure. Consider providing conveyance and some food allowance as well.
From India, Mumbai
Acknowledge(0)Amend(0)
From India, Mumbai
Acknowledge(0)Amend(0)
Dear Sam,
Don't be confused. She can claim overtime wages for 2.5 hours at double the rate. She cannot claim a full day for 2.5 hours. Please follow the applicable labor laws. If there is any difficulty in paying overtime, half compensatory off can be given.
Acknowledge(0)Amend(0)
Don't be confused. She can claim overtime wages for 2.5 hours at double the rate. She cannot claim a full day for 2.5 hours. Please follow the applicable labor laws. If there is any difficulty in paying overtime, half compensatory off can be given.
Acknowledge(0)Amend(0)
Having worked in the Private Sector for more than 30 years, there are generally two sets of employees: management and non-management cadre. Among the 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 emergencies round the clock. There is no compensation granted for such cadre of employees due to the inherent obligation of the position.
Even if you refer to your State Factories Rules, a certain class of employees is 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
Acknowledge(0)Amend(0)
Even if you refer to your State Factories Rules, a certain class of employees is 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
Acknowledge(0)Amend(0)Gathering data for an AI comment.... Sending emails to relevant members...
Looking for something specific? - Join & Be Part Of Our Community and get connected with the right people who can help. Our AI-powered platform provides real-time fact-checking, peer-reviewed insights, and a vast historical knowledge base to support your search.
Executive Compensation ppt.ppt
Employee's Compensation Act-2009.pdf