If a casual worker in plant is working for 24hrs for a day in emergency requirement, then what is the rule of Overtime & C.off for this.
For example, f he has worked on 11th June from 7 AM to next day i.e on 12th June till 7 AM, I have provided him 8 hrs present and 16 hrs O.T. but he is also demanding for C.off as he has worked for 24hrs. I just want to get the clarification that if we are already paying him for 24 hrs, i.e 8hrs 1day pay + 16hrs. O.T, do we have to give him C.off or C.off pay extra apart from this? Please help.
From India, Worli
1For example, f he has worked on 11th June from 7 AM to next day i.e on 12th June till 7 AM, I have provided him 8 hrs present and 16 hrs O.T. but he is also demanding for C.off as he has worked for 24hrs. I just want to get the clarification that if we are already paying him for 24 hrs, i.e 8hrs 1day pay + 16hrs. O.T, do we have to give him C.off or C.off pay extra apart from this? Please help.
From India, Worli
One cannot get get both Overtime and C/off for the same work. C/off is to compensate for the holiday lost due to work (say on weekly holiday) and OT is for extra hours of work done in addition to the normal duty of eight hours. What you have done is correct. There is a Bombay High Court Judgement in this regard, probably mentioned in SD Puri's Book on Factories Act.
From India, Mumbai
From India, Mumbai
I would also like to add a point to this. What you did is right as per the Act. However, because we are HR person so we must think from humanity side also. The person who worked for 24 hours is really tired so what you did is ok but we can provide him 1/2 day compensation off. This way we can make a good relation between the employee and management.
Because if you will take continue job after 24 hours work it is really very hard to manage.
From India, Rudarpur
Because if you will take continue job after 24 hours work it is really very hard to manage.
From India, Rudarpur
I agree to your words Gautam Sir, but what if they are asking for overtime instead of C.Off. We are ready to give but they are asking for overtime instead of C.off. I can give u one more example:
One of our worker who worked on 8th July from 19.00 to 7.00 am and on continuous 7.00am to 19.00 of 9th July. Then he directly came on 10th for morning shift for 12hrs again i.e; 7.00 to 19.00. While applying for overtime he has added 4 hrs of 8th july + 4 hr of 9th july + 12 hr as C.off + 4 hr of 10th july.
Is this O.T applied OK? Kindly confirm.
According to my calculation I have provided him only 12hrs O.t & 3days Present Pay for total 3days (8th to 10th July, 2018).
Regards,
Vidya S. Negi
From India, Worli
One of our worker who worked on 8th July from 19.00 to 7.00 am and on continuous 7.00am to 19.00 of 9th July. Then he directly came on 10th for morning shift for 12hrs again i.e; 7.00 to 19.00. While applying for overtime he has added 4 hrs of 8th july + 4 hr of 9th july + 12 hr as C.off + 4 hr of 10th july.
Is this O.T applied OK? Kindly confirm.
According to my calculation I have provided him only 12hrs O.t & 3days Present Pay for total 3days (8th to 10th July, 2018).
Regards,
Vidya S. Negi
From India, Worli
Find answers from people who have previously dealt with business and work issues similar to yours - Please Register and Log In to CiteHR and post your query.
Regularisation- of-Casual-Worke r WB.pdf
Working with communities.ppt