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Hi my Expert Friends,
We have 5 days working office (Monday to Friday) and have Saturday and Sunday off. We work for 9:30 hrs per day.
Now if I call any employee to work on Saturday, how should I compensate him. Do I have to give him compensatory off on forthcoming week or pay him as per over time rate or both.
For some employee we have 6 days working, 8 hrs per day. If such emplyee is call to work on Sunday than do I have to give him compensatory off on forthcoming week or pay him as per over time rate or both.
We are covered under Shops & Est Act. Experts please give your feed back.
From India, Mumbai
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Dear Mukesh,
I believe all the employees are white collar employees.
If yes generally they do work on saturdays or subdays if the workload cannot be finished.
Normally, you do not need to compensate them as they come in to finish their work. (Hope you are not forcing them to.)
If the work load is too much and these guys are working overtime you need to add a couple of more employees to the department.
From India, Pune
Dear Mukesh,
In our company if any of the employee comes on Saturday / Sunday they have the 2 options:-
1) Either they can take a Compensatory Off in its lieu
2) or they can encash it. We have fixed a amount as per the grade
Note: We do not pay or provide Comp. Off to Managers & above. It is applicable only for supervisors / Executives
From India, New Delhi
Dear Member,
If your establishment is covered under any of the State Shops & Establishment Act then go through that Act & applicable Rules to see the definition of the employee, working hours, weekly day of rest, OT, spread over & compensatory off provisions for your query.
R.N.Khola

From India, Delhi
Yes, you are right. I have to comply with the Shop & Est Act. Hence under this Act I wish to know what are the provision of working on Sat & Sun for 5 days week employees and provision of working on Sun for 6 days week employees.
Thanks
From India, Mumbai
Dear Member,
You might be knowing that the Shops Act is a State Act & therefore first see which of the State Shops & Establishment Act is applicable in your case & then go through the provisions as suggested by me to have answer of the query.
R.N.Khola

From India, Delhi
I am agree with Viraj Govekar. If employees has not finished his work in 5 days he may call to come on sat & sunday. Even we also follow this...incase of deadlines of the project/s Rgds.
From India, New Delhi
Dear All Friends, I just want to Know about Daily Accounting work in Manufacturing unit because I’m Studding in 11th. So please tell me about working accounting work.
From India, Kanpur
Dear all, I just want to Know about whole accounting process in a manufacturing Unit e.g. made voucher, day book , Bank Book, Stock book, P & L A/c, ect.
From India, Kanpur
Dear all,
I want to tell you if any employee who is coming on off day then we need to pay the compensation as per the acts, as per the legal requirements of the act which applicable to company for the payment of days, need to be effected otherwise need to add more manpower in to the organisation..
As per factory Act 1948 we if any employee who is working overtime then we need to pay double as per his/her normal rate..
Thanks & Regards
Sunil Sharma
From India, New Delhi
Dear Friends, lets not go away from the core question.
Even in my previous company if we used to work on off day we used to get the compensatory off. Such off is to be taken withn a weeks time. Also such off was in the hands of manager. Now when we say the work has to be finished. In such case one can give n amount of work which can't be completed within a target period.
We have some Acts Rules and Regulations on working hours of the employee. I need the clarity on legal grounds.
Any ways I am working on it, as soon as some thing is cooked I will share the same with you all.
Till than you guys can give a though on this and make my cooking more better.
Regards,
CS Mukesh Tank
From India, Mumbai
HI,
It is best to have the option of compensatory Off instead off making rules for Overtime Payment. Employees who are coming on SAT and SUN due to bussiness urgencies may be given a off, which is required to be availed within 30~45 Days. These leave cannot be accumulated to CL/SL/PL or cannot be encashed as well.
Rules/ Guidelines need to be framed in such a way that employee who are coming on weekends need to inform HR in advance and that need to be approved by their HOD as well
From India, New Delhi
We have 5 days working office (Monday to Friday) and have Saturday and Sunday off. We work for 9:30 hrs per day.

Now if I call any employee to work on Saturday, how should I compensate him. Do I have to give him compensatory off on forthcoming week or pay him as per over time rate or both.

For some employee we have 6 days working, 8 hrs per day. If such emplyee is call to work on Sunday than do I have to give him compensatory off on forthcoming week or pay him as per over time rate or both.

We are covered under Shops & Est Act. Experts please give your feed back.


Dear Mukesh,

Answer to your query No.1&2: As per Shops & Est Act, weekly working hours should be restricted upto 48 hours whether you manage with 5 days or 6 days working in a week. With an overtime, this can be extended upto 52 hours per week. Since you are getting @ 9.30 hrs daily, it is coming to 47.5 hrs per week, and as such is within the limit. Therefore, if you call any employee on Saturday/Sunday, that will attract Over Time, if such employees falls under non supervisory category. No need to give comp off in case you pay OT. However, many organizations manage and control such things through its Attendance and Leave Policy.

All the best,

Gopal
From India, Jaipur
Dear Members,

Mr.CS Mukesh Tank has specifically requested the members to give him clarity on legal grounds. It has also been cleared by him that his establishment is covered under the Shops & Establishment Act. Till now he has also not given the name of the State Shops Act applicable to his establishment.
I have not come across any State or Central Act which allows us to take work for more than 48 hours in a week & 9 hours on any one day. I do not thing any of the Act allows us to take work for 9.30 hours per day. If this is there then half an hour is to be considered as OT. I have gone through the Punjab Shops & Commercial Establishment Act, 1958, Delhi Shops & Establishment Act & Bombay Shops & Establishment Act, 1948 but could not find any such provision which allows us to take work for more than 9 hours on any one day of the week. If any of the Acts allows us to take 9.30 hours (actual working) then let us know for our better understanding. If I am wrong plz correct me.


R.N.Khola
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From India, Delhi
Dear
If your company decliare 5 days working in a week, and any employee work more than 5 days then company are liable to pay as overtime for extra working days/hrs.
Arup Roy
Sr. Accountant
Sathyam Procon Private Limited
Surat, Gujarat
Tel. 0261 2747008.
From India, Jaipur
Dear Mr. Khola,
Normally when we refer to 9.30 hours working, it includes the usual break time as well, as we can not expect anybody to work continuously for 9 and half hours in a day. I know many organizations which observe 9.30 hours as daily working with half an hour break in between in a 5 day week system. Moreover, in many MNCs/organizations/private banking sectors, we all know that the notified working hours are maintained just in papers only but in reality what is going on.
Thanks,
Gopal
From India, Jaipur
In my opinion there should b e a compensatory off and laso the arrangemt of lunch and Taxi fare should b e there. Regards Bhaskar De
From India, Calcutta
I fully concur with Mr. Khosla. The work beyond the limits provided in the law is Over-Time, which is required to be paid at double the rate of the normal wages. If one has not completed 48 hours of work in a week, he can be paid OT @ sigle wags upto balance of 48 hours and @ double the rate beyond that. For national Holidays, the rate is four times the normal wages. Payment of OT is a statutory responsibility, if one works beyond normal working hours.

I do not subscribe to the views of some contributors to this thread that if some one comes to complete the unfinished work, he cannot be paid OT. This is rubbish and a cohesive approach. You cannot force a person to work to complete the unfinished work by staying beyond the normal office working hours or on holidays. If you do you are liable to pay OT.

This also reflects that the organization is understaffed deliberately, to extract extra work from the existing work-force.

It is the sweet will of the management to allow the compensatory off, but it is not compulsory, in addition to the OT.
From India, Chandigarh
Hi,
As per company Act if any employer calling to any employee for the work on weekly off then there is a compensatory off or encashment. So If you want to call any employee for the work then go ahead and provide them an alternate option.
From India, Mumbai
Can you quote the relevant Section of the Companies Act. I don’t think if Companies Act provides anything like it??
From India, Chandigarh
Dear Mr. Mukesh tank You simply give them compensatory off in coming week or month. This will avoid the complexities of over time payment ( double of original remuneration).
From India, Mumbai
Hi Friends
Thanks for you valuable time and inputs. We are 100% law abiding company and does not wish to violate any legal provision. I believe that giving compensatory off violates Bombay Shops & Est Act. Hence the correct position would be to give them OT. I am fully aware that many companies’s gives Compensatory off. Hence I wish to know under which provision of law it is possible to give such compensatory off.
Regards,
Mukesh Tank
From India, Mumbai
Dear Mukesh,
I have also gone through The Bombay Shops & Establishment Act, 1948 but could not find any provision relating to grant of compensatory off.
Regards
R.N.Khola




From India, Delhi
Hi Friends,
I have almost completed my research and will update you all of my findings. I need to confirm the same with our consultants. Hence you will get rock solid ans.
But mean while my reponse to R.N.Khola Ji. Please refer to section 35(4) which is reproduce below
(4) Notwithstanding anything contained in this section, every employee, irrespective of his period of employment, shall be entitled to additional holiday on the 26th January, 8[1st May, 15th August and 2nd October] every year. For holiday on these days, he shall be paid wages at a rate equivalent to the daily average of his wages (excluding overtime), which he earns during the month in which such compulsory holidays falls:
Provided that the employer may require any employee to work in the establishment on all or any of these days, subject to the condition that for such work the employee shall be paid double the amount of the daily average wages and also leave on any other day in lieu of the compulsory holiday.]
Regards
CS Mukesh Tank
From India, Mumbai
Dear Mukesh Tank,
You are are railing off track.
Here the Subject matter of thread is
How to calculate salary and benefit for working on Saturday and Sunday

The question of National Holidays is not being discussed at all.

From India, Chandigarh
Hi Friends,

I agree with Mr. Surendera,

The section 35 deals with Leave. It states that employees will be entitled for leaves, 5 days or 21 days. Subsection 4 says apart of the leaves mentioned in in this section 4 more leaves will be available. 26th Jan, 1st May, 15 August and 2nd October.

Read carefully:

"Provided that the employer may require any employee to work in the establishment on all or any of these days, subject to the condition that for such work the employee shall be paid double the amount of the daily average wages and also leave on any other day in lieu of the compulsory holiday.

Taking this into consideration if any employee is called to work on Sunday, which is compulsory holiday the employee must be paid double of the amount of daily average wades and also leave on any other day.

Now my friends working in BPO Company wil say that we just give our employee just Compensatory off, just check this provisions are exempted for BPO companies.

Members do guide me if I am wrong.....

Regards

CS Mukesh Tank
From India, Mumbai
Hi,
My contribution to what you said, if the extra working days(weekends) were not stated in their appointment letter, and the job they are doing isn't what they ought to have finished while they were in the office, then they should be compensated.
However, you'll have to make out a particular amount you pay to every staff on a daily basis and stick to that. Don't try to add more money for some staff if you know you won't do the same for everyone to avoid agitation.
I believe the compensation will make them add extra effort there by helping your company grow faster.
I hope my little contribution helps.
From Nigeria, Ibafo
Thanks you very much friends for all your views and inputs.
I just wanted to know the applicatino of Bombay Shop & Est Act on working on Sunday. I belive that one day weekly off is to be considered as compulsory holiday like national holiday. Hence if the employee are called to work on compulsory holiday than employer must pay double the average daily pay and also compensatory off.
Friends please understand one fact that if the employee is not able to complete his work on 48 hrs per week than he may work on additional hrs. But Shop & Est Act put restrition of weekly working hrs. How to comply this legal stand.
Hence to aviod this better apply for exemptions for application of this sections on your organisation.
This is the way to comply the Law. Friends pls keep posting your views,
Please senior HR guys let us know how you manage your shows on Sundays working?
Regards
CS Mukesh Tank
From India, Mumbai
Hi Friends,
I would like to add one more thing further,
Please check section 14 of Min Wages Act, 1948. It starts with "(1) Where an employee whose minimum rate of wages is fixed under this Act .......works on any day in excess of the number of hours constituting a normal working day the employer shall pay him for every hour or for part of an hour so worked in excess at the overtime rate fixed under this Act or under any law of the appropriate government for the time being in force whichever is higher.
Now in one of the SC decided case it was held that section 14 can attract only when Minimum Wages is fixed under the Minimum Wages Act, 1948. If the payment is made more than the minimum wages fixed under the act then the provision is not attracted.
Just check the judgement attached and give your further views
CS Mukesh Tank
From India, Mumbai

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File Type: pdf Municipal_Council_Hatta_vs_Bhagat_Singh_&_Ors_on_5_February,_1998.pdf (87.0 KB, 66 views)

Every case has to be decided on its fact & circumstances, the present case refered by you. Although the local Authority was scheduled under Payment of Minimum Wages but Govt has not notified any Minimum wages in respect of Local Authority and was covered the Govt Service Rules.

Before applicablity of the The Payment of Minimum Wages Act as discussed in the judgement attached here, the first and formost condition is that the appropraite Govt must fixed MW for that particular schedule employment.

In case of commercial establishment covered by Shop & Establishment Act appropriate govt always fixed & notify MW all most in all states.

Secondly as stated clearly in judgment it will not applicable where employee are geting more than minimum wage but where? where employee is getting more under other statutory rules, as in present case where the govt has fixed pay scale under Madhya Pradesh Municipal Service (Scales of Pay and Allowances) Rules, 1967.

Even if you are assuming that MW Act is not applicable then, it will be covered by Shop & Establishment Act, which provide clearly about payment of overtime in case of excess hrs of work beyond 9hrs in day & 48hrs in week.

Hi Mukesh,
As you have not mentioned clearly abt the nature of work in your organisation secondly the most important thing is to analys if employees are coming occcasionally or the work culture is forcing them to come every wekeends.
Under both the circumstances you can have the option - You can provide them a off in lieu of and tenure can be fixed viz Employee need to avail their leave within 30/60 Days from the date of working in case they have completed their total office hrs on Weekends. HOD's / Managers however can be excluded. Moreover do add that leaves cannot be accumulated / carry forwaded / encashed

We have 5 days working office (Monday to Friday) and have Saturday and Sunday off. We work for 9:30 hrs per day.

Now if I call any employee to work on Saturday, how should I compensate him. Do I have to give him compensatory off on forthcoming week or pay him as per over time rate or both.

For some employee we have 6 days working, 8 hrs per day. If such emplyee is call to work on Sunday than do I have to give him compensatory off on forthcoming week or pay him as per over time rate or both.

We are covered under Shops & Est Act. Experts please give your feed back.[/QUOTE]
From India, New Delhi
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