Partner - Risk Management
Adv. Manoj Liyonzon
Lawyer, Chennai
Hr Executive (generalist)
Human Resource
+2 Others

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Hi, I'm working in MNC in Pune & has following query.
If any employee worked overseas on public holiday (2nd October) , is he liable to get double wages for that day ?
My company is registered under Bombay Shop & Establishment Act
Need guidance on this, if anybody is having circular for the same, please share.
Thanks, Bhagyada
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The Bombay shop and establishment act applies only within the state of Maharashtra.
Therefore it will not govern the conduct, terms of employment or hours of work of an employee who is located outside the jurisdiction of the state. (Exception would be an employee who has gone for a particular work and will return after a short time)
You need to follow the rules that apply in that particular country, not in india.
The establishment has to Grant holidays as per various enactments applicable to the establishment including National Holidays Act, and accordingly OT and compensatory off....
The establishment can provide benefits that are superior compared to provisions of the enactments but not inferior....
The establishment has to have a clear policy on leave, holidays,OT for employee's that are being deputed at other locations....and such policies should be kept in knowledge domain of employees and preferably supplied beforehand.....
E.g. The establishment can communicate the leave/holiday would be as applicable in that location or as in HO of the company....
Gossip ,rumor,hearsay can't be policy or rule....
Could you please explain the last line ? I am not able to understand what you mean
Fear Bhagyada "employee worked overseas", which Location it is ?
Dear All,
Thanks for your the reply & this information is very much appreciated.
Saswata Banerjee : as you mentioned in the reply, exception would be an employee who has gone for a particular work and will return after a short time. can you elaborate on this ?
As our employees were deputed to USA for the project & it was for 2 months.
Therefore there were no specific policies in this regard. they come back & claim for compensatory leave & double wages as per Bombay shop & establishment Act.
Ddoaba : As this situation come first time, we didn't have any policy regarding this.
kumar.s.: thanks for the link. I'll check that.
Adv.Manoj Liyonzon - Location was USA to one of our group company.
A short period is actually exactly that - shirt period.
I had 3 people from my office in Dubai for a 5 day stock verification exercise. They will have to be paid extra for working on the Sunday.
However, if they were to be posted for a month or 3 months in Dubai, they would not get paid for Sunday's and instead get Friday off (which is the rule in gulf)
The line in the sand is probably whether the employee has enough time to adjust to the local system. I think 2 month deputation is more than enough time.

Simple answer to the question is yes you have to double wages as the employee is on your role and was on duty on the said date.
The answer for above query will be yes. As per the Law employee will be entitled for OT and comp. Off if working on National Holiday. Also, the company has to follow Indian holiday irrespective they are supporting international clients from India.
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