Working on Weekly Off Days
As far as possible, we avoid working on notified weekly off days. Currently, in case of any emergency, if we engage workmen on a weekly off day, we provide an alternate weekly holiday to such workmen within three days prior or after such a weekly off day. I would like to know from you whether there are any other options available for us to comply with the work performed on weekly off days.
Overtime Payment and Compensatory Off
If we pay overtime payment to employees for working on the weekly off (Sunday), is it necessary to give compensatory off within the next three days?
Regards, Pradeep G
From India, Bengaluru
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As far as possible, we avoid working on notified weekly off days. Currently, in case of any emergency, if we engage workmen on a weekly off day, we provide an alternate weekly holiday to such workmen within three days prior or after such a weekly off day. I would like to know from you whether there are any other options available for us to comply with the work performed on weekly off days.
Overtime Payment and Compensatory Off
If we pay overtime payment to employees for working on the weekly off (Sunday), is it necessary to give compensatory off within the next three days?
Regards, Pradeep G
From India, Bengaluru
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Hello Pradeep,
Your query revolves around the treatment of employees working on weekly off days and whether paying overtime makes it unnecessary to provide a compensatory off within the next three days. I'll answer this as per the Indian labor laws:
1. According to the Factories Act of 1948, if a worker works on a weekly holiday, he/she should be compensated with a substitute holiday in the coming three days. It is mandatory to provide a compensatory off to the worker even if the overtime payment has been made.
2. However, there is an alternative. Under the same act, the employer can provide a compensatory off at any time within the month during which the overtime was worked or within two months immediately following that month. This is a more flexible way to comply with the law.
3. Remember to keep a record of the overtime worked and compensatory offs provided as this can help in case of any disputes or inspections.
4. The option of providing compensatory offs within a more extended period (up to two months) can be beneficial for business operations as it gives more flexibility in scheduling.
5. As far as overtime payment is concerned, according to the same Act, workers should be paid at double the ordinary rate of wages for the overtime worked.
6. Also, ensure that you communicate this policy clearly to your employees so they know their rights and duties.
Please note this is a general interpretation of the law. It's advisable to consult with a labor law expert or legal counsel for precise understanding and application of these laws in your specific context.
I hope this answers your question! Please feel free to reach out if you have any more queries.
From India, Gurugram
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54Your query revolves around the treatment of employees working on weekly off days and whether paying overtime makes it unnecessary to provide a compensatory off within the next three days. I'll answer this as per the Indian labor laws:
1. According to the Factories Act of 1948, if a worker works on a weekly holiday, he/she should be compensated with a substitute holiday in the coming three days. It is mandatory to provide a compensatory off to the worker even if the overtime payment has been made.
2. However, there is an alternative. Under the same act, the employer can provide a compensatory off at any time within the month during which the overtime was worked or within two months immediately following that month. This is a more flexible way to comply with the law.
3. Remember to keep a record of the overtime worked and compensatory offs provided as this can help in case of any disputes or inspections.
4. The option of providing compensatory offs within a more extended period (up to two months) can be beneficial for business operations as it gives more flexibility in scheduling.
5. As far as overtime payment is concerned, according to the same Act, workers should be paid at double the ordinary rate of wages for the overtime worked.
6. Also, ensure that you communicate this policy clearly to your employees so they know their rights and duties.
Please note this is a general interpretation of the law. It's advisable to consult with a labor law expert or legal counsel for precise understanding and application of these laws in your specific context.
I hope this answers your question! Please feel free to reach out if you have any more queries.
From India, Gurugram
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Overtime calculation- weekly hours of work.PDF
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