1. As per Shops and Establishment Act an employee is eligible for weekly off ,suppose he has to work for all 4 weekly off and paid Overtime twice the ordinary rate.Whether this is a breech of law?
2. As per Shops and Establishment Act an adult to be engaged max for 10 hrs a day and to be paid overtme for 2 hrs. and this is to be considered as overtime limit? or should adhere to limit of 50 hrs per quarter?
If inevitable how many hrs working with overtime is permissible under the act?
From India, Ahmadabad
2. As per Shops and Establishment Act an adult to be engaged max for 10 hrs a day and to be paid overtme for 2 hrs. and this is to be considered as overtime limit? or should adhere to limit of 50 hrs per quarter?
If inevitable how many hrs working with overtime is permissible under the act?
From India, Ahmadabad
every state has there own law regarding the same, assuming it is karnataka,
regarding your first query, the Act does not allow any establishment working on weekly off day and holiday on that day mandatory. How ever, exception lies if you provide the employee holiday on any other day in the week or establishment allows for one and half day rest.
work hours shall not exceed 50 OT hours in a quarter, that too only during emergency or accounting period........
As per the act on OT shall have to double pay the employee.......
This is it as per the Act.
How ever, if the employee voluntarily agrees and form a separate contract for such works to be done, with the different consideration amount, and both parties that is employer and employee agree to do so, without the application of the employment benefits may be done.... but it must again defeat any of the laws and has to be exclusively a temporary adjustment...... since you have mentioned that it is inevitable, and no pf or other benefits would apply on such consideration or amount decided to complete the work......... I gain mention it has to a temporary solution, either for a very small specific period or only till the work is done......... here he will not work completely as an employee but as a party to the contract...... And I again clear you, this temporary solution has nothing to do with the Act........
From India, Bangalore
201regarding your first query, the Act does not allow any establishment working on weekly off day and holiday on that day mandatory. How ever, exception lies if you provide the employee holiday on any other day in the week or establishment allows for one and half day rest.
work hours shall not exceed 50 OT hours in a quarter, that too only during emergency or accounting period........
As per the act on OT shall have to double pay the employee.......
This is it as per the Act.
How ever, if the employee voluntarily agrees and form a separate contract for such works to be done, with the different consideration amount, and both parties that is employer and employee agree to do so, without the application of the employment benefits may be done.... but it must again defeat any of the laws and has to be exclusively a temporary adjustment...... since you have mentioned that it is inevitable, and no pf or other benefits would apply on such consideration or amount decided to complete the work......... I gain mention it has to a temporary solution, either for a very small specific period or only till the work is done......... here he will not work completely as an employee but as a party to the contract...... And I again clear you, this temporary solution has nothing to do with the Act........
From India, Bangalore
Do not get confused with the mandatory holidays and the holiday benefits given (CL) to the individual employees..... As per law it will not be clubbed together...... government holiday is different (intended by the government on which neither the employer nor the employee have control over on its declaration) , leave for which employee applies is different (beneficiary leaves granted to the employees under law as well as as per the company policy), and weekly holidays are different (one week day is mandatory as per the law and other is provided under the policy, hence both as per law and company policy)..... Hence, you may go through the company policy once to be cleared on the days for holidays and inform all your employees regarding the Leave benefits..... Try to prepare a Calender and mark those days indicating government holidays, holidays provided under the company policy.... except in other exceptional cases like during bandh, strikes etc. only those days marked on the calender would be considered........ other than those, leaves taken by the employees goes to their accounts.........
And, regarding the previous confusions, if the majority of employees have already taken such benefit then you may ignore discussing it with your superior, ........if there are very few employees who'd confused then you may clear regarding the leave policy, and issue them the notice for the purpose of clarification and for future references......... and if the company indeed undergoes losses because of those leaves (in case of the majority employee confusion), you may some amount from the pay or just pay the basic or may decide upon any adjustments, keeping in the mind that both the parties were at fault and were ambiguous regarding the leave policy and would be benefited with such adjustments.........
From India, Bangalore
And, regarding the previous confusions, if the majority of employees have already taken such benefit then you may ignore discussing it with your superior, ........if there are very few employees who'd confused then you may clear regarding the leave policy, and issue them the notice for the purpose of clarification and for future references......... and if the company indeed undergoes losses because of those leaves (in case of the majority employee confusion), you may some amount from the pay or just pay the basic or may decide upon any adjustments, keeping in the mind that both the parties were at fault and were ambiguous regarding the leave policy and would be benefited with such adjustments.........
From India, Bangalore
Dear Harpeet,
Here the employee will be marked as CL for Monday & Tuesday only.
But if the employee is absent on thursday you have to mark CL for all the 4 days even if wednesday is a NFH.
There are some organisation where an employee takes leave on Friday and Monday. 4 days will be deducted in his leave else LOP will be marked.
From India, Mumbai
Here the employee will be marked as CL for Monday & Tuesday only.
But if the employee is absent on thursday you have to mark CL for all the 4 days even if wednesday is a NFH.
There are some organisation where an employee takes leave on Friday and Monday. 4 days will be deducted in his leave else LOP will be marked.
From India, Mumbai
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Overtime calculation- weekly hours of work.PDF