How to Explain Holiday Work Compensation to Employees Seeking Extra Leave?

Hi, I am Neetu from Greater Noida. We are manufacturers of commercial kitchen items. Sometimes, some of our employees work on-site on Sundays and holidays. We pay them for the day and night shifts they work on those days, which are additional to their regular working hours. However, some employees argue that they have not taken leave. What is the best way to explain this to them?

Hi Neetu,

Sunday and holiday duties fall under overtime. First of all, you are making separate statements for salary and OT. Explain to them that Sunday is considered for W/off, and holidays are included in paid holidays, which are paid as part of the salary. Also, consider the OT part.

Thank you.

You must pay OT wages at twice the rate of gross wages. Weekly off must be given. As such, employees called to work on the weekly off day must be paid wages at twice the rate of wages and should be given the weekly off, which you deprived them of.

Hi,

There are two issues here:
1. Overtime: It is governed by overtime rules, and in one year, not more than 150 hours of overtime is permissible under the 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 cannot be compensated by money alone.

Please be guided accordingly.

Regards,
Anil Raina
Mob: 9810180148

Hi Neetu, I have paid them for overtime and compensatory off as they are entitled as per the provisions of the Factory Act 1948. As you mentioned in your case, the following provisions of the Factory Act apply:

- Section 51 regulates the weekly hours of adult workers, stating 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, stating that if a worker is deprived of any weekly holidays due to an order or rule under the 1948 Act exempting the factory or workers from Section 52, the worker shall be allowed compensatory holidays within one month equal to the number of holidays lost.
- Section 54 regulates daily hours, specifying 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 prohibits overlapping shifts.
- Section 59 covers provisions for the payment of overtime work.

Thank you,
Manish