nalinimanoj
dear seniors
I would like to know whether it is mandatory to give a compensatory holiday in lieu of weekly off lost due to festival or national holiday. My factory have holiday owing to christmas on 25th, now some of the employees who have 25th as their weekly off come for compensatory holidaY in lieu of weekly off lost due to holiday. Is their demand valid. Would you all please help me out. ITS URGENT
MANU

From India, Kochi
Hr. Khaiser Ali Shah
9

Dear Manu,
NO, there is no such rule. You don't have to give any holiday in lieu of weekly off lost to your employees but from the motivation point of view this may give them a feeling of partiality or inequality; while others are taking 2 days off in that week due to a national holiday and those guys were left behind so, being a management professional we should offer them an equal benefits by offering them an additional day-off.
Hopes reply to your query,
Khaiser Ali Shah
00966509928983
Note: Please also read the message on Page 3 in support to this comment.

From Saudi Arabia, Riyadh
aparna_ios
1

Dear Manu,
I think that compensatory off in lieuof Christmas is a valid demand by the employees in your factory because Christmas comes under guested holiday list that is entitled by each & every employee of the company. So I think that roster off should not be combined with a guested holiday & they they should be given aseperate roster off for that week.
Regards
Aparna
HR Professional

From India, Gurgaon
AKD
Manu,
You should give the week off to those employee whose week off comes on day of guested holiday, to keep the equality between the employee. we are working in the HR dept than we put this kind of thing in good proportion to set good mind level in employee.
Regards,
AKD

From India, Mumbai
Hiten Parekh
29

Here, I would like to opine that both the parties should be practical. The holdiay / festival coinciding with a weekly off is an occassional occurance. Many a times we see a holiday falling on day just before or after the w/o. In such cases employees do get extra time to relax or attend the family also. Here, the adjustment should be optional and not a right.

I am working with a manufacturing company. At times we face crunch of time and have to work extra hours also. In such cases we do not compensate the holidays coinciding with w/o. But when there is relatively easy work load, we do adjust the holiday and w/o coinciding. We hardly face such situation once in a year, but whenever we are not in a position to adjust the same for additional benefit of employees, I am pleased to say that our employees cooperate. And our employees are also pleased that whenever possible, company adjusts the same.

So both the parties should be reasonable and understanding.

I am sure that there is no legal binding on emmployer's part to adjust the same.

Views from other members requested please.

- Hiten

From India, New Delhi
unusual_indu
3

Hi Manu
I agree with the other members of the community that there is no hard and fast rule applicable in such a case .The decision should be taken after taking employees and mangement into confidence. Please make the employees understand that whatever decision is being taken ,is a one time decision and it is not necessary that everytime the same step /action/decision will be taken .It can change on case to case basis
I think these are the situations where HR can go an extra mile to convince management for this compensatory off and win the confidence of the employees(provided this sanction of extra leave is not making too much of a difference on productivity,there is no pending or urgent work in hand for the employees in question).This is my personal opinion and I do not intend to challenge any set of rules which are already prevalent in any organisation in this regard
I hope this makes sense to you
Keep posting
Thanks and Regards
Indrani Chakraborty

From India, Pune
Ajaysimhan
7

A compensatory off has to be given to the employee, whose weekly off concides with a Closed Holiday. If your company/firm follows fixed Holidays in a calendar year, that much days of holidays are eligible for all employees. However, in certain cases, it can coincide with weekly off of some of the employees. In that case, it should be ensured that the particular employees total working days in that month should not exceed that other employees who had availed Holiday on account of Christmas or any such Closed Holiday (for the entire firm/company).
If you can not extend the facility, it will be an injustice to them
Ajay VK

From Brazil, Maceió
sateesh chandra
1

Dear Manu,
This is not a subject matter to be decided based on emotions of different people. The Rules are clearly laid down in such situations. If you follow factory act which stipulates a working day of 8 hours, & Working week of 48 hours & a weekly off after 6 working days.
In a situation, where you have weekly offs on staggering basis, because, you need to run the factory 24/7, The act stipulates about Overtime & Comensatory off.
In this situation, those of the workers, who worked for their stipulated number of working hours as precribed by your standing order, are entitled to a weekly off. however, by the same token, they are entitled to same number of holidays which is applicable to your factory. Hence, Such people, who are unlikely to avail of Holiday in view of their Nomal weekly Offs need to be compensated either by one day's extra wages or a Comm. off in lieu thereof. Which is legally valid.
Hence, Don't deny to people who deserve it.
Regards,
Sateesh Chandra

From India, Bangalore
Hiten Parekh
29

Dear Mr. Sateesh,
May I please bring to your kind notice that we were discussing about Holidays and not weekly off. Does Factory's Act say anything about paid holidays coinciding with weekly off?
- Hiten

From India, New Delhi
P K Misra
1

Manu is asking for the compensatory off for a paid holiday which fell on a weekly holiday. As far as weekly off is concerned, the issue does not pose a problem. The individuals whose weekly off fell on 25th got it. However as 25 th was a paid holiday then the daily rate of pay is calculated in following manner -

monthly rate of pay

-------------------------------

N - (S+H)

where N are number of days in a month; S are weekly off days or sundays and H number of paid holidays in the month.

If you don't give him compensatory holiday in lieu of paid holiday, and you are counting that holiday as part of 'H' i.e. you are ,making him to to work for one day without any payment. He will be entitled to one days additional wages at single rates if the total number of working hours in the week are 48 and additional payment for OT at double the hourly rate if the number of hours in the week exceeds 48.

I agree it is not question of emotion or discretion. The factory act has to be followed.

P K Misra

From Korea, Samsung
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