Saswatabanerjee
Partner - Risk Management
Rajesh Kumar Dubey
Manager - Hr
Pasupathieswaran
Retired H R Professional
Snel
Hr Executive

Hi Seniors,
According to Shops & Est. Act if an employee works on 15th Aug, 26th Jan, 2nd Oct & 1st May he/ she will be entitled to receive double payment. I have a dobut in my office everyone are in staff category then to will this rule be applicable??
Also how do I calculate bonus for my staff because for workers it is 8.33% but for staff what is the minimum amt and calculation for the same??
Pls guide.
Regards,
Snel
3rd October 2016 From India, Mumbai
Hi Seniors,
According to Shops & Est. Act if an employee works on 15th Aug, 26th Jan, 2nd Oct & 1st May he/ she will be entitled to receive double payment. I have a dobut in my office everyone are in staff category then to will this rule be applicable??
Also how do I calculate bonus for my staff because for workers it is 8.33% but for staff what is the minimum amt and calculation for the same??
Pls guide.
Regards,
Snel
3rd October 2016 From India, Mumbai
Dear Snel,
No Statutes or Any Act have any provisions no to pay if particular category of persons are designated as Staff. All Workers and Staff working on Holiday or Weekly Off, if called on duty must be compensated under the provision of Shops & Establishment Act.
Further You can not differ the Bonus Payment for Staff under the provision of Bonus Act. The percentage of payment of Bonus may be Min 08.33 & Max 20 %.
Further if you want to pay staff more than workers, it would be better to pay the difference amount in form of Ex-Gratia.
3rd October 2016 From India
Shop and establishment acts are different for each state. So you need to check the rules under the act that applies to you. In general, these are national holidays. I am not sure about 1st may, mostly it is not a holiday. In such cases, persons working on that day is entitled to be paid 3 times if normal salary. The employee gets his normal salary whether he is present or absent. Then he gets double pay (over time rates) for working on national holiday.
There are no exemption in labour laws for staff. Some of the shop and establishment acts exempt managers from overtime, but managers can't exceed 5% of total employee strength (Also specified in most acts)
About bonus, there is enough posts on it, take a look at the threads and you will get detailed working for the same.
4th October 2016 From India, Mumbai
Further to my mail of yesterday I give here under the last para of the Judgment delivered by The Supreme Court in December 1980.
The question ultimately is one of fact. The liability of the management to pay wages for the national and festival holidays under s.3, read with sub-s.(1) of s.5 of the Act, is subject to their right under sub s.(2) of s.5 of the Act to call upon the workmen to come and work on such holidays. That depends upon whether or not the strike was illegal or unjustified.
In the result, the appeal succeeds and is allowed. The judgment of the High Court is reversed. The writ petition filed by the appellant is allowed and the impugned notice issued by the Inspector of Factories is quashed.
K S PASUPATHI
5th October 2016 From India, Chennai
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