Hello, I am working in an educational institute where we have regular/permanent support staff. The institute has a policy of compensatory off in lieu of any extra working hours done by the staff. Can someone guide me about the legality of the issue:
1) Is the policy of the institute regarding comp-off correct?
2) Is the institute liable to pay double the wages?
TIA
From India, Agolai
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1) Is the policy of the institute regarding comp-off correct?
2) Is the institute liable to pay double the wages?
TIA
From India, Agolai
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Dear colleague, For any extra hours' work beyond 8 hours, you are legally bound to pay salary at double the rate and no comp off in lieu of the same be given.
From India, Mumbai
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635From India, Mumbai
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Understanding Compensatory Off
Compensatory off, both literally and legally, refers to availing leave or time off by the employee on another day for having been required by the employer to work on a holiday. It cannot be applied to cases of overtime work.
Legal Framework for Educational Institutions
Your educational institution will come under the purview of the Minimum Wages Act, 1948. Section 14 of the MW Act, 1948 provides for the payment of overtime wages as fixed under the Act or any other applicable Act to the establishment, whichever is higher. For instance, Rule 25(1)(b) of the MW (Central) Rules, 1950 mandates that the overtime rate shall be double the rate of normal wages. Therefore, the policy of your institution cannot run counter to the provisions of the Act and rules applicable to it.
From India, Salem
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Compensatory off, both literally and legally, refers to availing leave or time off by the employee on another day for having been required by the employer to work on a holiday. It cannot be applied to cases of overtime work.
Legal Framework for Educational Institutions
Your educational institution will come under the purview of the Minimum Wages Act, 1948. Section 14 of the MW Act, 1948 provides for the payment of overtime wages as fixed under the Act or any other applicable Act to the establishment, whichever is higher. For instance, Rule 25(1)(b) of the MW (Central) Rules, 1950 mandates that the overtime rate shall be double the rate of normal wages. Therefore, the policy of your institution cannot run counter to the provisions of the Act and rules applicable to it.
From India, Salem
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Delhi Minimum Wages w.e.f. 01.10.2015.pdf