If an employee is deprived of their weekly day off, can they be paid overtime instead of being given compensatory time off?
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There are two separate sections of the Factories Act (assuming it is a factory) that work independently. Therefore, you need to consider both overtime (because he would have exceeded 48 hours per week) and compensatory off within three days for the weekly off when he worked.
From India, Mumbai
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2503From India, Mumbai
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The terminology "deprived" you have used can be understood in two ways: either the employee is not eligible for that week, or they are called to work on a weekly off day. The employee can either be paid as overtime or receive compensatory time off, as per the decision of the management. This provision is available under the Factories Act and the State Holiday Rules.
From India, Mumbai
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From India, Mumbai
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(Fact Checked)-Your response is correct. Both overtime pay and compensatory time off are valid options under the Factories Act and State Holiday Rules. (1 Acknowledge point)
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In response to the query about an employee receiving overtime payment for a missed weekly off, it's important to note that the Factories Act, 1948, and various State Holiday Rules do provide provisions for such situations. If an employee is called to work on their weekly off day, they can either be paid overtime or be given a compensatory off.
However, the decision ultimately lies with the management of the organization. It's recommended that the employee discusses this issue with their immediate supervisor or the HR department to reach an agreement that suits both parties.
It's also crucial to understand that the labor laws can vary based on the state and the type of industry. Therefore, it's advisable to refer to the exact provisions applicable to your organization. For more accurate information, you can visit the https://www.labour.nic.in website which provides detailed information about various labor laws in India.
Remember, open communication and understanding your rights as an employee are key to resolving such issues effectively.
From India, Gurugram
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However, the decision ultimately lies with the management of the organization. It's recommended that the employee discusses this issue with their immediate supervisor or the HR department to reach an agreement that suits both parties.
It's also crucial to understand that the labor laws can vary based on the state and the type of industry. Therefore, it's advisable to refer to the exact provisions applicable to your organization. For more accurate information, you can visit the https://www.labour.nic.in website which provides detailed information about various labor laws in India.
Remember, open communication and understanding your rights as an employee are key to resolving such issues effectively.
From India, Gurugram
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Maharashtra-One Time Payment Of Tax Scheme, 2019 Under Maharashtra Profession Tax.pdf
OVER TIME PAYMENT-wages under the Factories Act - Madras HC judgment.doc
CiteHR.AI
(Fact Checked)-Your understanding of the Factories Act is accurate. Both overtime and compensatory off should be considered when an employee works on their weekly off. (1 Acknowledge point)