Mayank-lad
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Konishko
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Dear ALL, Kindly suggest if we need to pay double wages and compensatory off in lieu of working on 1st May during this lockdown period where in all employees are working from home and not completing 45 hours for a week many times.
From India, Mumbai
Anonymous
Hello, Please clarify the activity of the company. Should I presume that this is an IT or ITeS company since employees are able to work from home ?

Hello,
In My Opinion:
This questions has to be answered in 2 parts
1. Whether to pay double wages and compensatory off in lieu of working on 1st May during lockdown for work from home.
Reply: Yes, in the state of Maharashtra, 1st May is declared as a Public holiday and hence any work done by the Establishments (whether in the factory or Work from Home) will be treated as work carried on Public Holiday and hence payment of Double the wages and Compensatory off has to be given to the Workers as defined in the act.
2. Employees not completing 45 hours for a week many times.
Reply: Even though the policy of the company states that the company needs to complete certain work hours in a week, and if they do not complete, Public holidays cannot be used for compensating the same.
The company should duly serve notice on those employees for non performance or non adherence of duty hours/company policies. This might initially followed up by warning letters and further, if still not improved then by more stringent actions (while complying the process of law, i.e. Disciplinary enquiry, Show cause, etc.)


Dear Friend,

First of all you have not highlighted as to whether yours is an IT company or manufacturing company.

Let me proceed to answer your query on presumption tat yours is a manufacturing unit, situated in Tamilnadu



Section 5 of TN ( Industrial establishments) National & Festival Holidays act 1958 is reproduced below which is self explanatory

Section 5. Wages. - (1) Notwithstanding any contract to the contrary, every employee shall be paid wages for each of the holidays allowed to him under section

(2) Where an employee works on any holiday allowed under section 3, he shall, at his option, be entitled to-

(a) twice the wages; or

(b) wages for such day and to avail himself of a substituted holiday with wages [on one of the three days immediately before or after the day on which he so works.]

(3) Notwithstanding anything contained in sub-section (1) or sub-section (2), an employee who is paid wages by the day or at piece rates shall be entitled to be paid wages for any holiday allowed under section 3-

(i) only at a rate equivalent to the daily average of his wages to be calculated in the prescribed manner;

(ii) where he works on any such holiday, only at twice the rate mentioned in clause (i), or in lieu thereof, at the rate mentioned in that clause and to avail himself of a substituted holiday with wages at the rate [on one of the three days immediately before or after the day on which he so works:]

Provided that no such employee shall be entitled to be paid any wages for any of the holidays allowed under section 3, other than [the 26th January, the 1st May, the 15th August and the 2nd October] if he has not completed a period of thirty days' continuous service immediately preceding such holiday.

Explanation. - For the purpose of this proviso, a weekly or any other holiday or authorized leave availed of by an employee shall be included in computing the period of thirty days mentioned therein.

To sum up, those employees who are required to work on a National and Festival Holidays ( irrespective of whether working at home or office) are entitled to

Twice the rate of wages

or

in lieu thereof one day wages , in addition to a substituted holiday with wages within three days preceding or succeeding such National /Festival holidays when he would be notified to work , at his ( employee's) option

Panchsen

P.Senthilkumar



9884009193

From India, Chennai
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