Compensatory Off
Can one adjust Compensatory Off with a leave that was taken previously? Or is comp off to be taken only in the future?
I have a case where an emp. had a negative leave balance i.e -3 and he has worked on one of the following Sat. Now can we adjust this comp off with his negative leave balance.
Thanks
K
From India, Mumbai
Can one adjust Compensatory Off with a leave that was taken previously? Or is comp off to be taken only in the future?
I have a case where an emp. had a negative leave balance i.e -3 and he has worked on one of the following Sat. Now can we adjust this comp off with his negative leave balance.
Thanks
K
From India, Mumbai
Hello Kgawans,
As regards Compensatory Off there is no mention in either the Factories Act or the Shops & Establishment Act regarding adjustment with a negative leave balance.
In my opinion, the spirit of Compensatory Off should be to compensate extra hours worked or holiday working, by allowing the employee a paid day off on a future date and not adjust it with his previous negative leave balance.
Such a practice of adjustment may also set a bad precedence for the future.
From your statement it reveals, the employee in question has a negative leave balance of (-)3 Days, i.e. "Leave without Pay" of 3 days as he has exhausted all his PL/EL balances.
In the absence of any law on the topic, you may decide to allow the adjustment, based on the merit of the case as an employer - friendly gesture.
Be sure to have proper documentation, as a one-off case, so that it does not leave any room for future precedence.
I would suggest that you use your judgement and decide accordingly depending on your organisation culture.
Thanks,
Probhat
From India
1As regards Compensatory Off there is no mention in either the Factories Act or the Shops & Establishment Act regarding adjustment with a negative leave balance.
In my opinion, the spirit of Compensatory Off should be to compensate extra hours worked or holiday working, by allowing the employee a paid day off on a future date and not adjust it with his previous negative leave balance.
Such a practice of adjustment may also set a bad precedence for the future.
From your statement it reveals, the employee in question has a negative leave balance of (-)3 Days, i.e. "Leave without Pay" of 3 days as he has exhausted all his PL/EL balances.
In the absence of any law on the topic, you may decide to allow the adjustment, based on the merit of the case as an employer - friendly gesture.
Be sure to have proper documentation, as a one-off case, so that it does not leave any room for future precedence.
I would suggest that you use your judgement and decide accordingly depending on your organisation culture.
Thanks,
Probhat
From India
Hi
You have not specified , what kind of organsiation you are working for
As the Factories act will not be applicable to all companies, any how as per Factories act
The employee can take a week off either 3 days prefix or suffix days to (the holiday work ) , in other words , an employee cannot work for more than 10 days in a stretch
If it is in the case of Staff member, the compensatory will get adjusted according to individual company policies , check out your case and act accordingly
Ensure no employee is allowed to work for more than 10 days at a stretch and normally companies will not allow advance leave except in extradionary cases that again depends on company policy
There is no common trend in adjustment of compensatory off (for staff grade), it is getting adjusted according to the company policy
Regards
R Sudhakharan
From India, Madras
You have not specified , what kind of organsiation you are working for
As the Factories act will not be applicable to all companies, any how as per Factories act
The employee can take a week off either 3 days prefix or suffix days to (the holiday work ) , in other words , an employee cannot work for more than 10 days in a stretch
If it is in the case of Staff member, the compensatory will get adjusted according to individual company policies , check out your case and act accordingly
Ensure no employee is allowed to work for more than 10 days at a stretch and normally companies will not allow advance leave except in extradionary cases that again depends on company policy
There is no common trend in adjustment of compensatory off (for staff grade), it is getting adjusted according to the company policy
Regards
R Sudhakharan
From India, Madras
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Compensatory holiday Register.jpg
Compensatory Off_Shrt Leave.xls
Compensatory Off Policy.doc