Working on holidays - employees paid but want extra leave - how to explain? - CiteHR
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Hi, My self neetu From Greater noida We are manufacturer of commercial kitchen items. some time some of our employees work at site for sunday and holidays also. We are paying the salary of the day and night he worked. these days are extra from his presence. But some of them argue that we have not taken leave. what is the best way to explain them?
Hi Neetu Sunday and Holiday duties, it is comes under Over Time. First of all you are making separate statements for Salary and OT, explain to them sunday consider for W/off and Holiday comes in Paid holidays those holidays are paid in salary part. OT part also you consider.
You must pay OT wages at twice the rate of gross wages. Weekly off must be given. As such employees called to work on weekly off day must be paid wages @ twice rate of wages & should be given weekly off which you deprived them of.
Hi,
There are two issues here :
1. Overtime : It is governed by overtime rules & in one year, not more than 150 hours of overtime is permissible under law. The payment has to be twice the normal wage applicable.
2. Weekly Off: All employees will be given a weekly off after 6 continuous days of work or 54 hours of work in a week including overtime. This can not be compensated by money alone.
Please be guided accordingly
Regards
Anil Raina
Mob : 9810180148

Hi Neetu,
Paid them OT and compensatory off ,as they are entitle as per provision of Factory act 1948 .
As you mention in your case below provisions are applicable of factory act,
Section 51 -regulates weekly hours of adult worker and it provides that, no adult worker shall be required or allowed to work in a factory for more than 48 hours in any week.
Section 52 deals with weekly holidays.
Section 53 provides for compensatory holidays. It says that, where a worker is deprived of any weekly holidays as a result of passing of an order or the making of a rule under the provisions of 1948 Act exempting the factory or workers from the provisions of Section 52, such worker shall be allowed compensatory holidays due to him within one month equal to the number of holidays lost.
Section 54 deals with the daily hours and it says that no adult worker shall be required or allowed to work in a factory for more than nine hours in any day,
Section 57 refers to night shifts and Section 58 contains prohibition of overlapping shifts.
Section 59 contains provisions for payment of overtime work.
Thanks
Manish

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