Can I Get Compensatory Time Off for Long Business Travel in India? Seeking Advice on Labor Laws

I work in an IT Training Institute (Pvt. Organization) in a managerial position. I am required to travel outstation to conduct campus interviews, deliver lectures, give presentations, etc. Most of these trips involve traveling to locations at a distance of 4 to 6 hours one way, sometimes including an overnight stay.

While these trips are paid for by the company, I want to know whether the time spent traveling for these trips can be compensated through half-day or compensatory offs. I understand that if not for these trips, I could have used this time (i.e., time beyond 9 hours of duty) to take on any other activity as per my wish.

Kindly let me know if there is any provision for this in the labor laws of India.

Your travel to outstation cities as part of work will be considered as "On Duty" by your employer. The company is sponsoring your travel expenses, and you are paid a salary for your "On Duty" as well. Therefore, logically, you cannot claim comp time off for travel time or extended hours.

However, please review your appointment order and consult with your HR regarding any policies to determine if you are eligible for Deputation Allowance or Tour Allowance based on your grade entitlement. If so, you can claim it.

Typically, in the private sector, comp time off is not applicable for managerial levels.

Yes, I too agree with Mr. Lakshminarayana. In private companies, manager levels are exempted from comp offs. At the same time, when you are paid for the tour/trip on the days of your travel, you cannot claim time off. You may be eligible for allowances if the same is defined as part of any policy. Kindly check with your HR colleagues.

Regards, Vishy.

Hi,

Some companies are offering special permission to take rest for night travel. Please check with your HR team to see if your company has any policy for compensatory time off.

Regards,
P. Senthil
Manager - HR
Coimbatore

I am supposed to work for 9 hours a day for 6 days a week and deserve the freedom to decide what I should be doing after office hours. If not for these business trips, I could have utilized the time spent beyond my work hours with family, friends, or any other activity that I consider suitable for me. However, because of these business trips, around 18 to 20 hours of my time (excluding sleep hours) are under the control of the organization.

Under such circumstances, when the organization is completely consuming my "My-Time," shouldn't I deserve some (non-monetary) compensation in terms of time that can be dedicated to family and friends or myself? Just yesterday, on 19th May 2019, I started a business trip at 5:30 am and reached home on 20th May 2019 at 1:00 am. Even my Sunday week-off has been used for the benefit of the organization. Doesn't this call for a compensatory day off? I am taking a compensatory day off on Monday, 20th May 2019, but that's for working 9 hours on my weekly-off. What about the additional 10 hours spent traveling? This time could have been spent with my family or friends or in any way I consider beneficial for me. Shouldn't there be some compensation in terms of time, maybe not the entire 10 hours but possibly a portion of it?

Another colleague traveling with me enjoys a week-off on Friday, but despite reaching home at 1:00 am on 20th May 2019, he still has to report to the office at 8:00 am on the same day. Doesn't he deserve a concession "in terms of time" to perhaps report late the following day or a paid half-day leave? My boss's argument against this is, "You traveled by an air-conditioned car, why would you need any additional time?" The key issue here is that time spent for the organization beyond the work hours is encroaching on "My-Time." Shouldn't this time be adequately compensated? The premise is that this is time spent traveling, which is beyond the control of the employee. Regardless of how efficient an employee is, this time cannot be reduced. If it takes 10 hours (round trip) to travel to a destination 400 km away, there is nothing an employee can do to shorten this duration.

What I am asking is, "Is there any provision in the labor laws of India that addresses such work situations?"

Compensatory off is for working on holidays but not associated with working days. Your travel to outstation is part of your job responsibility, and for this, you may be paid traveling expenses, food expenses, hotel accommodation, and other perquisites as per your company norms. There is no such provision under labor law except for working on holidays, but you can take the matter up with your HR; they can create a policy to facilitate the working people. In my previous company, we used to compensate our staff on outstation duty for the excess hours spent on work with travel expenses against DA. Compensatory off is prevalent in the private sector. The compensatory off is even considered for managerial people, but all this depends upon the management and their HR policy.

Understood. I hope your compensation package and other perks have been designed and fixed by your employer, considering the extensive travel involved. In general, when we grow in terms of hierarchy by virtue of role and responsibilities, we need to work beyond the call of duty. In most companies, employees holding senior-level positions are not strictly monitored on their in-out timings, especially when travel is more involved. Also, I hope your employer discussed the nature of your work well before your appointment.

You can discuss your concerns with your HR head and request the implementation of some policies for flexible hours, tour allowances, etc.

As per my understanding, as long as you are applying for ODD (which includes travel time as well), the system should automatically generate the Comp off, provided that Comp off is allowed for managers as per the policy of your organization and the comp-off quota generation is customized in the tool against ODD.

Dear All,

I believe HR policies should be flexible enough to accommodate all circumstances. Is the employee requesting Comp off.? I suggest that his immediate superior should determine Comp. off. and HR can empower the superior to make decisions regarding employee Comp off. In my opinion, senior employees in professional organizations should also be entitled to comp time off as they often face challenging life stages with family responsibilities, children, and elderly parents.

With regards,
Amit

The ruling of comp-off regarding travel varies from organization to organization. It has no government-set standard and is covered by company-specific policy. It is better to consult your Senior HR or the employer on this.

Dear Abhishek, Under Indian labor law, there is no provision for Compensatory Off for an individual at a managerial designation. However, management has the flexibility to include such a provision in the company's policy if deemed necessary, either on a case-by-case basis or as a general policy, depending on the situation. At senior designations, particularly those involving travel, arrangements are typically discussed, confirmed, and agreed upon at the time of appointment. Additionally, the company has established travel expense slabs tailored to different designations, which may cover expenses as mentioned by Hemant, which you can utilize during your business trips.

For further clarification on any remaining questions, it is recommended that you consult your HR Head, who is familiar with the terms of your appointment and the relevant company policies.

Sincere regards,