Compensatory Off Time Period

Hello,
I need some support on the following point relating to Compensatory off:
Is there a period within which an empployee needs to utilize his/her compensatory off? For e.g. if an employee works say on 19th January 2013 (saturday holiday) does he/she have to utilize that before a time period.
If he does not utilize it during the said period he eligible to get paid for that day or does it get expired.
Regards,
Sunil Subbramaniyam

Hello Sunil
I can tell you of our organisation,we generally give Coffs till the completion of one month means if there is a leave of 15 March then the employee applying for Coff can avail the same before 1 April or (30 days) otherwise it gets expired.And it is to be noted that the natioal holidays COffs are to given at the earliest

Hello Sunil Subbramaniyam,

To the extent I know of, there's nothing 'Hard & Fast' about when the employee can or needs to utilize the CompOff.

It all depends on the CompOff Policy of the company.

I have seen companies where the CompOff validity varies from 'within 30 days' to '6 months'.

however, it also depends on the number of CompOffs the HR in your company handles on a monthly basis. If it's one-off sort of thing, then you can allow a wider time-window for utilization. If such situations are high/regular, then a lower time-window for utilization would be better, or the concerned dept or HR would end-up keeping track a large number of CompOffs until they are utilized. In which case, maybe it's time you formulate a formal & clear CompOff Policy.

Reg your other query '.......eligible to get paid for that day....', payments in-lieu of CompOffs usually would apply for only Worker category. For Executives, companies insist he/she avails the CompOff--else the CompOffs lapse.

Rgds,

TS

Hi
As per factories act, employee availing comp off should do it within 10 days of working. Say he works from Monday to Saturday, continues on Sunday, then he is supposed to take comp off on thursday.
However, many of these enactments are not followed in Industry, it depends on the practice in the said firm. But comp offs usually lapse and are not transacted in money value.
Thanks,

Factory act and many shop and establishment acts provide that comp off has to be taken 3 days before or after the weekly off when the employee has worked. No person is allowed to work for 10 days without an off day (6 weekdays and 3 for the comp off)
There is no question of paying extra or lapsing.
It is mandatory to use it within 3 days
Many factories we work with have automated systems to prevent him from signing in to work on the 3rd day.

For workers category employees, follow what saswatabanerjee has advised; for executives lay down your own company policy & apply it uniformly to all.

Mr. Bhatia,
Just a point of view :
Under factories act, everyone is a worker.
Therefore the rules on taking the comp off in 3 days will apply to officers and staff also.
The only exception will be for people who are covered under the category of Employees holding confidential position under sec 64.
Everyone else has to follow the rules.

Dear Subbaram & others: Presuming that your query refers to Factory working, the position is as follows:
1. Since you stated that you had worked on 19th Jan, a substituted weely off has to be given on 20/21/22 or it could have been 16/17/18 without seeking any approval from Factory Inspector.
2. As regards your query regarding Compensatory Holiday, as per Section 53(1) the compensatory holiday has to be provided within next two months i.e., upto March 2013. But this requires approval of the Chief Inspector of Factories as per Section 65 of the Factories Act 1948
3. As reards compensation, if you are giving compensatory holiday, then no extra compensation is called for including OT payment for the week starting from 19th. However, in case you are unable to provide compensatory holiday, then you have to pay OT for that week.
Hope the above clarifies.
KK

One interesting point :
Working on weekly off does not automatically entitle a person to overtime
Overtime is paid only after 48 hours of work in a week
So if the employee was absent during a day of the week, his working hours will be less than 48
This is what factory act says
But I have seen only 2 factories in my career that follow this
Others just pay ot for working on off days just to avoid complications

hi,
as per govt rules comp off is to be availed within a month , provided you take written permission for the same.
shashi