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I would like to know court judgment which opposes the comp off usage instead of over time.
From India, Chennai
From India, Chennai
Dear Friend Narayanan,
Respected Nathrao ji what sir has mentioned in his note #3 is right and it's bottom line we work in India & we have be follow Indian Law in respect of that particular matter and not any other county. And if any organisation is doing so than they have to answer the authority as and when call up to answer and face it .
One more thing I would like to share, when it’s National Holiday or Festival and overtime is paid it will be paid thrice rather than double.
If still there is any question, I would like to suggest you should write to respective LOI,LC of your region and hope he too will say same thing.
Thank you & regards,
From India, Rohtak
Respected Nathrao ji what sir has mentioned in his note #3 is right and it's bottom line we work in India & we have be follow Indian Law in respect of that particular matter and not any other county. And if any organisation is doing so than they have to answer the authority as and when call up to answer and face it .
One more thing I would like to share, when it’s National Holiday or Festival and overtime is paid it will be paid thrice rather than double.
If still there is any question, I would like to suggest you should write to respective LOI,LC of your region and hope he too will say same thing.
Thank you & regards,
From India, Rohtak
Dear Mr Narayanan,
The legal provisions are crystal clear in this regard. If you are so keen on knowing case law why don't you make some efforts in searching on Google rather than looking fir readymade answers despite experts having given clear opnions and share with us?
Regards,
Vinayak Nagarkar
HR-Consultant
From India, Mumbai
The legal provisions are crystal clear in this regard. If you are so keen on knowing case law why don't you make some efforts in searching on Google rather than looking fir readymade answers despite experts having given clear opnions and share with us?
Regards,
Vinayak Nagarkar
HR-Consultant
From India, Mumbai
Basics need to be clear.
Courts interpret law
Courts do not make law
That is task of legislature
When wordings of law are clear like in this case,we just have to follow it
When off is tobe given is laid down
When and how is treated is laid out clearly
Now why look for caselaw to reiterate it
From India, Pune
Courts interpret law
Courts do not make law
That is task of legislature
When wordings of law are clear like in this case,we just have to follow it
When off is tobe given is laid down
When and how is treated is laid out clearly
Now why look for caselaw to reiterate it
From India, Pune
Mr Good HR Thanks for the reply, it will be of great help if there is any refernce regards to triple rate payment of overtime on national and festival holidays.
From India, Chennai
From India, Chennai
Dear Mr Vinayak Nagarkar
Thanks for response.
In my posting clearly mentioned that the Over time to be paid at doubled the rate as per the provision of law. It was as per the line of opinion made by you & Mr. Nathrao.
The OT and Comp Off interpretation was cited on aspect of " Adopted policy of the company", in apprehension of having CSO.
Therefore in my concluding line, I advised the concerned employee to refere the matter to the appropriate authority for interpretation or action.
From India, Mumbai
Thanks for response.
In my posting clearly mentioned that the Over time to be paid at doubled the rate as per the provision of law. It was as per the line of opinion made by you & Mr. Nathrao.
The OT and Comp Off interpretation was cited on aspect of " Adopted policy of the company", in apprehension of having CSO.
Therefore in my concluding line, I advised the concerned employee to refere the matter to the appropriate authority for interpretation or action.
From India, Mumbai
""One more thing I would like to share, when it’s National Holiday or Festival and overtime is paid it will be paid thrice rather than double.""
Good_hr
Could you please clarify this statement.
To my knowledge there are three National Holidays-26 Jan, 15 Aug and 02 Oct,
Workers of called for duty need to be paid DOUBLE wages and not triple.
From India, Pune
Good_hr
Could you please clarify this statement.
To my knowledge there are three National Holidays-26 Jan, 15 Aug and 02 Oct,
Workers of called for duty need to be paid DOUBLE wages and not triple.
From India, Pune
Dear Mr Nathrao,
The payment to be paid as per the state rule under the INDUSTRIAL ESTABLISHMENTS (NATIONAL AND FESTIVAL HOLIDAYS) ACT, 1963 where establishment is existing or under Central Rules, as the case may be.
*Central rules speaks to pay : double or substitued with a leave with pay
**Andhra, Odisha,Tamilnadu & Karnataka state pay double or substitued with leave with pay
*** Maharastra,Kerla : doubled the rate along with one leave or thrice the rate
From India, Mumbai
The payment to be paid as per the state rule under the INDUSTRIAL ESTABLISHMENTS (NATIONAL AND FESTIVAL HOLIDAYS) ACT, 1963 where establishment is existing or under Central Rules, as the case may be.
*Central rules speaks to pay : double or substitued with a leave with pay
**Andhra, Odisha,Tamilnadu & Karnataka state pay double or substitued with leave with pay
*** Maharastra,Kerla : doubled the rate along with one leave or thrice the rate
From India, Mumbai
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