V Manikanta
Dear all, I would like to know about c-off, when should we assign to employee and how long will it be. Could you please some clarification on it ? Regards Veeramanikanta
From India, Eluru
PROFESSIONALS AND BUSINESSES PARTICIPATING IN DISCUSSION
Rkn61
Hr Manager
Vmlakshminarayanan
Sr.manager - Hr&admin
Nanu1953
Ceo-usd Hr Solutions
Pvenu1953@gmail.com
Retired Government Servant/advocate
V Manikanta
Jr.executive-hr
HR Head
Head - Hr/ir

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nanu1953
275

Under factories act there is a provision of compensatory off ( C-off ) under Sec-53. As per Sec-53 of the factory act - if a worker is deprived of any of the weekly holidays ........he shall be allowed within the month in which the COFF were due to him or within the 2 months immediately following that month COFF of equal number to the holidays so lost.

Other than factories act so far my knowledge goes there is no provision of C-off. But as practice many establishment after understanding with employees/union provides C-off convenient to both parties.

S K Bandyopadhyay ( WB, Howrah)

From India, New Delhi
vmlakshminarayanan
374

Hi,

In general if an employee work on a declared holiday (either it can be National or Festival Holiday or week ends) for stipulated hours one day additional leave will be added to his leave credit which is called compensatory off.

From India, Madras
y-s
We practice the below procedure for Comp Off in our office:-

If any employees who works Full day (8 Hrs) on Weekly off Or Paid Holiday, we can adjust his/her extra working against leave (Leave should be taken within 30 days). Or if he/she has not taken any leave, we can compensate this extra working by paying Over Time.

Regards
Yashashree Sawant
Manager Human Resource

From India, Mumbai
nanu1953
275

There are two sections under factories act to deal with C-off for working on weekly holidays/off.

As per Sec-52 - No adult worker shall be required to work in a factory on the weekly holiday / off, unless he has or will have allowed a holiday for a whole day on one of the three days immediately before or after the said day...........

In this case there is no question of paying OT as per factories Act.

As per Sec-53 - Already explained to my first post. As the C-off day is not providing immediately, there will be more than 48 hours work for the week and the employee will be eligible for OT payment in that particular week.

Therefore, bypassing the SEC-52 OR 53 and allowing one worker to work on weekly holiday / weekly off day just providing him one extra leave or one day off at any time is not legal.
In Sec-52 it is possible to avoid OT but in SEC-53 OT payment is not possible to avoid only C-off can be adjusted by mutual consent.

S K Bandyopadhyay ( WB, Howrah)
CEO-USD HR Solutions
+91 98310 81531

USD HR Solutions – To Strive towards excellence with effort and integrity

From India, New Delhi
HR Head
Sec 52 of Factories Act is very clear about the Weekly Off. It says "No adult worker shall be required or allowed to work in a factory on the first day of the week unless;

a) he has or will have a holiday for a whole ay on one of the three days immediately before or after the said day, and
b) the manager of the factory has, before the said day or the substituted day under clause (a) whichever is earlier,
i) deliveryed a notice at the office of the Inspector of his intension to require the worker to work on the weekly off
day which is to be substituted,
ii) displayed a notice to that effect in the factory;

Provided that no substitution shall be made which will result in any worker working for more than ten days consecutively without a holiday for a whole day.

Here it is very clear that the Compensatory Off on account of working on a Weekly Off day must be availed within 3 days prefix or suffix to the Weekly Off day because workmen are not allowed to work for ten consecutive days without a full day's rest.

Sec 53 talks about Compensatory Off on account of Paid Holidays which can be availed within 30 days from the day on such holiday which is so lost.

Even the weekly off cannot be compensated by paying Over Time at double the normal rate. Over time payment can be made for extra hours working or working on Paid Holidays, except Compulsory Holidays.

Normally people are mixing up Sec 52 & 53 or rather confused between the two. These two Sec are to be treated differently. It depends on how strongly the HR professional puts down his point based on the backing of these two sections.

Hope there is no confusion on this point.

From India, Thane
rkn61
561

If a staff works on a weekly-off day or any declared Holiday, due to exigencies of business, he/she shall be entitled to avail one day Compensatory off.

In our company, if a staff works for not less than 6 hours/day, he is entitled to avail one day compensatory off.

From India, Aizawl
pvenu1953@gmail.com
115

As per service rules applicable to the Central Government Servants, non-Gazetted officers can avail the 'C-off'. Gazetted are not so entitled.
From India, Kochi
nanu1953
275

Few more clarification of Sec-52 and Sec-53 of the Factories Act, 1948.

Sec-52(3) - Where, in accordance with the provisions of sub-section (1) as mentioned earlier in one post of HR-Head any worker works on the said day and has had a holiday of three days immediately before it, that said day shall, for the purpose of calculating his weekly hours of work, be included in the preceding week.

The interpretation of above is under Sec-52, as the worker is enjoying one C/off on one of the three days immediately before or after the said day - the total hours of normal work is restricted to 48 hours as mentioned in above paragraph. Usually maintenance people are working on said day for preventive maintenance as the production is not done on said day. Therefore, there is no question of extra wages for overtime as per Sec-59.

Now as per Sec-53 the C/off is provided within the month or within the two months immediately following that month. Therefore, working in the said day - the total hours of work in that week is 48 + 8 = 56 hours instead 48 hours like Sec-52. So the worker will be eligible for Extra wages for OT in that week as per Sec-59 over and above one C/off. Usually for major breakdown, extra production pressure etc. workers are allowed to work under Sec-53 when it was not possible for management to provide C/off within 10 days as per SEC-52.

S K Bandyopadhyay ( WB, Howrah)
CEO-USD HR Solutions
+91 98310 81531

USD HR Solutions – To Strive towards excellence with effort and integrity

From India, New Delhi

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