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arun_alli@yahoo.com
on 31st May 2012.. it was all india band called by left govt.
seeing the condition.my company decleared closed for the day.
Sunday 3rd June, 2012 is declared as a working day for employees in lieu of the compensatory off given on Thursday 31st May, 2012.
how far it is oK?

From India, Visakhapatnam
saiconsult
1898

The concept of compensatory off involves granting holiday on a working day to an employee for having worked on a holiday. Therefore an employee should work firts on holiday to enjoy compensatory off latter on aworking day. In the instant case, it is reverse - the employees enjoyed holiday on a working day first and working on a holiday latter. It is O.K as an administrative adjustment if there is no technical problem involved.
B.Saikumar
HR & Labour Law advisor
Mumbai

From India, Mumbai
RR Mohanty
5

Arrangements like this has no legal backing. But, I must complement your company for being innovative. This affects almost everybody positively. Such arrangements should be adopted by more and more to combat the loss of manhour and production of an industry.
From India, Haora
BSSV
201

It completely depend upon the company policy. and secondly, they may ask you to work an extra day in such cases, actually it will usually be executed only when really required and during busy schedules, sundays, able to understand the feelings......... few of the company has not even declared holiday on Bundh day, i shall not mention them, they just straight away stroked and stated the company policy does not support the holiday on Band ........ (its one of the reputed MNCs)
From India, Bangalore
saswatabanerjee
2383

Under factory act, compensatory off must be within 3 days before or after the weekly off on which they worked. So since its within 3 days, you are correct in applying e rule. I don't know how this works under shop and establishment act, but the rules generally work in tandem
From India, Mumbai
saiconsult
1898

I agree with Mr.Saswata on the point of law.However, what Iam doubtful is whether it can be called compensatory off withint he frame work Sec.52 of teh Fcatories Act. All the same it is a harmless adjustmnet to be encouraged.
B.Saikumar
HR & Labour Law advisor
Mumbai

From India, Mumbai
M.J.SUBRAMANYAM
24

Hi Arun,
I fully agree with Sri. Saikumar, who explained well the importance of compensatory off. Some of the hotels also had displayed boards saying May 31st will be a holiday, but adding coming Sunday 3rd of June they will be open!Obviously they do not want to lost a day's business. Many hotels have borrowed from banks and they have to pay interest periodically and so they work on Sunday in lieu of a holiday on May 31st. Whatever they earn on that day will be paid towards interest on bank loan!
Many shops are following 24X7 partially. They keep their shops open on Sundays also and earn something on that day so they can earn and pay towards the interest on their bank loan. "Instead of sitting idle at home let me do some business on that day and earn something.That will reduce my financial burden a little and customer will be happy for the service on all seven days" they say!
M.J. SUBRAMANYAM, BANGALORE

From India, Bangalore
kknair
199

Dear all: There are two conditions to be met while changing the weekly holiday.
1. The substituted weekly off has to be within three days (+/-) the originally weekly off &
2. There shall not be more than 10 consecutive working days.
In the case proposed both the conditions are met and hence there is no legal impediment. However you are also rquired to give prior information to the area Labour Inspector of the above change.
This is a very good intervention tactics to help preserve the working days and is in organisational interest.
KK

From India, Bhopal
saiconsult
1898

Yes. Mr.saswata and Mr.Nair are right as a holiday can be substituted three days before or after the weekly off in case of factories. B.Saikumar Mumbai
From India, Mumbai
arun_alli@yahoo.com
dear Sai,
thanks for input.
but what i feel is that, due to band company itself decleard off and sent the employee on "forced holiday".
and can't a compay take such risk by paying employee for a day due to this band?after all business is all about "risk".
and even if the company wanted us to work on sunday- it should be a paid day instead of "compensatory day'.
have i been so straight?

From India, Visakhapatnam
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