CM Joshi
1

Dear All,
When company executive hires a driver for company sponsered car, how to calculate duty hours? Whether he is elegible for over time if he works more than 48 hours in a week. What is a normal practice to tackle in this situation.
Please guide
Thanks
CM Joshi

From India, Nasik
Raj Kumar Hansdah
1426

Dear Joshi
Hope the following will help you.
The "normal practice" of OT in case of drivers for company sponsored car :
Situation 1 : The driver is recruited by the company, and is on the rolls of the company.
Over Time : As applicable to any other employee of the company.
Situation 2 : The driver is 'hired' by the company through outsourcing to a contractor; and is not on the rolls of the company.
OT : Differs from company to company; includes some questionable practices too.
Situation 3 : Although the car is company sponsored; the driver is hired by the executive and the company pays a fixed amount of driver's salary to the executive, which in turn, he pays to the driver.
OT : It is a personal arrangement by the Executive and the company should not involve itself, for its own good.
Let me know with full details if your case does not fit in any of the above situation.
Warm regards.

From India, Delhi
sanjeevagraj
Dear Mr. hansdah,
Kindly guide how to engage a driver without violation of statutory compliance of any overtime law.
The points to remember:
1. Duty from 0700hrs to 1930hrs
2. On Sunday's the driver is engaged/used sometimes.
3. Hiring from service provider's does not absolve the company as we are priciple employers.
Regards,
Sanjeev Agraj
agraj2000 at the rate yahoo dot com

From India, Mumbai
rajbir86yadav
15

Dear CM Joshi
Driver is also a employee then how the compliance will not be applicable.
all employees are covered in all terms of statutory compliances whether he is onroll employee of contractual employee.
Rajbir
Sr.Executive HR

From India, Coimbatore
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