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Dear Mr.Armathan
In a factory to which the provisions of the Factories Act applies, no worker can be required to work on the first day of the week( this is the day on which his weekly holiday falls). Therefore if a worker in a factory works for seven days in a week he would have worked on one of his weekly holidays and he should be given a holiday for one whole day within three days prior to or after the weekly holiday. In such circumstances, the question of over time does not arise.
With regards
From India, Madras
In a factory to which the provisions of the Factories Act applies, no worker can be required to work on the first day of the week( this is the day on which his weekly holiday falls). Therefore if a worker in a factory works for seven days in a week he would have worked on one of his weekly holidays and he should be given a holiday for one whole day within three days prior to or after the weekly holiday. In such circumstances, the question of over time does not arise.
With regards
From India, Madras
The rule regarding compensatory off and overtime are independent of one another. The employee is eligible for compensatory off within 3 days prior or after the weekly off or holiday he has worked.
At the same time, if he has worked more than 48 hours in that week or 9 hours on any day, he is eligible for overtime at twice of his normal salary rate. So only if he has taken compensatory off in advance will the company not have to give overtime.
Nowhere in factory act does it say that overtime is not payable in case of compensatory off or that compensatory off is in place of overtime
From India, Mumbai
At the same time, if he has worked more than 48 hours in that week or 9 hours on any day, he is eligible for overtime at twice of his normal salary rate. So only if he has taken compensatory off in advance will the company not have to give overtime.
Nowhere in factory act does it say that overtime is not payable in case of compensatory off or that compensatory off is in place of overtime
From India, Mumbai
Sir, Per day hours of work does it include lunch time or excluding lunch or tea time if any. Rajeev Nambiar
From India
From India
Dear Mr.Manoj
Please indicate the Act applicable to the industrial establishment. Is it the Factories Act or the Shops and Establishments Act or other labour laws regulating the conditions of work of employees. In case it is the Shops and Establishment Act, I cannot answer your query if it relates to States other than Tamilnadu
With regards
From India, Madras
Please indicate the Act applicable to the industrial establishment. Is it the Factories Act or the Shops and Establishments Act or other labour laws regulating the conditions of work of employees. In case it is the Shops and Establishment Act, I cannot answer your query if it relates to States other than Tamilnadu
With regards
From India, Madras
Dear Mr.Rajeev Nambiar
The hours of work does not include lunch time or any other break. If lunch time and other breaks are included then it is called the "spread over of work" and not as "hours of work".
With regards
From India, Madras
The hours of work does not include lunch time or any other break. If lunch time and other breaks are included then it is called the "spread over of work" and not as "hours of work".
With regards
From India, Madras
Dear Mr.Saswatabanerjee
My post was made with reference to the provisions of the Factories Act. I believe that your post is also with reference to the provisions of the Factories Act. In case your post is with reference to some other law please indicate that law. In the case of a worker governed by the provisions of the Factories Act, the law is very specific and clear that if he is required to work on a weekly holiday then he should be given a compensatory off on any one of the three days preceding the weekly off or on any one of the three days following the weekly off. If over time is given for compensatory off also then the employer would be giving a double benefit to the worker, that is a compensatory weekly off and overtime for the compensatory weekly off( when the worker avails the compensatory weekly off he would not be working for the employer). If any employer has the practice of giving a compensatory weekly off and in addition overtime wages for such weekly off I would like to know the details of such employer. This practice could be cited as a precedent in other industries also.
From India, Madras
My post was made with reference to the provisions of the Factories Act. I believe that your post is also with reference to the provisions of the Factories Act. In case your post is with reference to some other law please indicate that law. In the case of a worker governed by the provisions of the Factories Act, the law is very specific and clear that if he is required to work on a weekly holiday then he should be given a compensatory off on any one of the three days preceding the weekly off or on any one of the three days following the weekly off. If over time is given for compensatory off also then the employer would be giving a double benefit to the worker, that is a compensatory weekly off and overtime for the compensatory weekly off( when the worker avails the compensatory weekly off he would not be working for the employer). If any employer has the practice of giving a compensatory weekly off and in addition overtime wages for such weekly off I would like to know the details of such employer. This practice could be cited as a precedent in other industries also.
From India, Madras
K/A:Mr. Hari
sir,
i checked with bank union people, on the isue of OT, or attending office on sundays, holidays, there is no such provision for subsidiaries. No rules given in staff service rule book. All staffs are in officer cadre (from designation point of view). reqested your considered view in light of above on followings:
1. eligibility for OT and /or comp off.
2.quantum
3. what if company denies such and allows out of pocket expenses which is approx.1/4th to 1/6th of av. daily salary of the executive.
4.legalities of compulsorily calling staffs on national holidays, sundays and/or working over and above officer hour without any comp off or OT.
5. relevant provisions, precedents, if any in support of your reply.
Rgds,
alit
From India, Mumbai
sir,
i checked with bank union people, on the isue of OT, or attending office on sundays, holidays, there is no such provision for subsidiaries. No rules given in staff service rule book. All staffs are in officer cadre (from designation point of view). reqested your considered view in light of above on followings:
1. eligibility for OT and /or comp off.
2.quantum
3. what if company denies such and allows out of pocket expenses which is approx.1/4th to 1/6th of av. daily salary of the executive.
4.legalities of compulsorily calling staffs on national holidays, sundays and/or working over and above officer hour without any comp off or OT.
5. relevant provisions, precedents, if any in support of your reply.
Rgds,
alit
From India, Mumbai
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PAYMENT OF WAGES ACT 2009.doc