Dear all!!The issue is not clear as to how the workers have earned OT( by working on sunday or extra working on regular days) .In fact there is no concept of 'Compensatory off' in law, the Factl]ories Act talks only of 'compensatory holiday' where the weekly off day is substituted as a working day. In case it is against weekly off then there is an option of paying OT or giving compensatory off. (Ref AP High Court decision in Rajendra Nagar Municipality v. Perraju BV 1995 (2) LLN 674 = 1995 LIC 2102).
2
The expression "Over Time work " is self explanatory - that is, the question of OT work arises only at the close of one's normal working time.Working on Sundays or Weekly holidays cannot be construed as OT work.
Sanu Soman
From India, Madras
Sanu Soman
From India, Madras
I am also facing with the same problem, In our company there is no Comp off or OT but if there is necessary work the employee will be working till late night or working on sundays in this case if that employee is taking leave without any information, the salary should be deducted for that day or not.
Can any one help me in this case
From India, Bangalore
Can any one help me in this case
From India, Bangalore
Dear Forum Members, very good evening u all.
Question raised in the forum whether compensatory off in lieu of OT is legal ? Not at all. Bcoz OT is paid double (Basic + I.D.A.) to the employee n also there a limit working OT an avarage two hours a day. In hotel industry most of OT may attribute to the absence of Relivers. Absence of reliver compelled to the employee on duty to perform another extra shift for which s/he's compansate illegally with a Comp off. Its a wrong practice and obstruct the efficiency of employee and productivity of the organisation. In some cases employees asked to do more extra shifts keeping in mind the work load by the management and permitted to accumulate comp offs which is again not in order. Employee asked to avail accumulated comp offs in a prescribed period and in many cases employee choose to avail them at their convenience not considering the business aspects. If not so, it further exgravate the situation and a cycle of comp offs comes into existance bcoz in lieu of this employee other employee(s) asked to perform extra duties.
what can we do? Meticulous man power plannig seperately for season and off season. Povision of appropriate additional staff for Reliver's duty in the Duty Rosters and rotation of surplus manpower to the needy sections should be considered for better results. It will reduce the burden of OT / Comp offs and certainly improve the work efficiency and productivity. Mulling over the business load, engaging Teporary/Casual/Seasonal employees / Apprentices / Trainees instead of retaining the employees on OT may be an option which ultimately will increase the pool of trained staff in the industry and improve the work conditions at very minimal pay roll cost compared to the OT/Comp offs as well as creating cordial IR conditions.
R.K.SINGH
From India, Delhi
Question raised in the forum whether compensatory off in lieu of OT is legal ? Not at all. Bcoz OT is paid double (Basic + I.D.A.) to the employee n also there a limit working OT an avarage two hours a day. In hotel industry most of OT may attribute to the absence of Relivers. Absence of reliver compelled to the employee on duty to perform another extra shift for which s/he's compansate illegally with a Comp off. Its a wrong practice and obstruct the efficiency of employee and productivity of the organisation. In some cases employees asked to do more extra shifts keeping in mind the work load by the management and permitted to accumulate comp offs which is again not in order. Employee asked to avail accumulated comp offs in a prescribed period and in many cases employee choose to avail them at their convenience not considering the business aspects. If not so, it further exgravate the situation and a cycle of comp offs comes into existance bcoz in lieu of this employee other employee(s) asked to perform extra duties.
what can we do? Meticulous man power plannig seperately for season and off season. Povision of appropriate additional staff for Reliver's duty in the Duty Rosters and rotation of surplus manpower to the needy sections should be considered for better results. It will reduce the burden of OT / Comp offs and certainly improve the work efficiency and productivity. Mulling over the business load, engaging Teporary/Casual/Seasonal employees / Apprentices / Trainees instead of retaining the employees on OT may be an option which ultimately will increase the pool of trained staff in the industry and improve the work conditions at very minimal pay roll cost compared to the OT/Comp offs as well as creating cordial IR conditions.
R.K.SINGH
From India, Delhi
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