Compensatory off requirements

You may look into the applicable Acts, Company Policy, Bilateral Agreement if any signed with employer.

Assuming that your establishment is a commercial establishment registered under the Shops and Establishments Act:

 e.g:

Delhi Shops and Establishments Act:

suggests on hourly basis.................

8. Employment of adults, hours of work.—No adult shall be employed or allowed to work about the business of an establishment for more than nine hours on any day or 48 hours in any week and the occupier shall fix the daily periods of work accordingly:……………..

Provided further that advance intimation of at least three days in this respect has been given in the prescribed manner to the Chief Inspector and that any person employed on overtime shall be entitled to remuneration for such overtime work at twice the rate of his normal remuneration calculated by the hour.

Explanation.—For  the  purpose  of  calculating  the  normal  hourly  wage  the  day  shall  be reckoned as consisting of eight hours.

COMMENTS

(a) Mode for calculation of overtime wages………………………

when payment is made  on monthly scale of pay, the daily rate of wages for a worker can be obtained only by dividing the amount of wages for 30 days by 26…………….

The formula for calculation of the overtime wages  for one hour is to divide the month’s wages by 26 into the number of normal working hours and the result so obtained by them then multiplied by two to calculate one hour’s overtime wages;

Claim for overtime should be made within reasonable time.

It is, however clarified that the Delhi Shops & Establishments Act, 1954 is not exhaustive on all  the  rights  and  obligations  of  the  employers  and  the  employees  as  such  the  provisions  of Industrial Disputes Act, 1947 being Central Act governs the matters.

33.  Records.

COMMENTS

(a) Particulars and forms of the records required to be maintained under section 33

Failure to maintain the records in the prescribed form and in the prescribed manner, i.e.,  not keeping exhibited a notice setting-forth the close day or a record of the hours  worked and the amount  of  leave  taken  by  end  of  the  intervals  allowed  for  rest  and  meals  or  not  entering  the particulars of all employment overtime,

The register of employment and  wages is required to be kept in Form ‘G’ duly bound and pages serially numbered. Where, however, the opening and closing hours are ordinarily uniform, the employer may maintain such register in Form ‘H’ alongwith a separate register of wages and record of leave in Form ‘I’ but the entries relating to a particular date on which an employee if called  upon  earlier  or  detained  later  than  the  usual  working  hours  are  required  to  be  made immediately in the remarks column of Form ‘H’ before such early or late working commences.

34.  Employer  to  furnish  letters  of  appointment  to  employees.:………

(d)  the hours of work.

COMMENTS

(6)  Rate of wages or salary.

(7)  Designation  or  nature  of  work  for  which  employed;  whether  employed  for  clerical, supervisory, managerial, manual work, etc.

37. Powers and duties of the Inspector.—

(b) Duties of the Inspector:

(c)  that the interval of rest and holidays required to be granted or observed under the Act

are  granted  and  observed  and  that  the  limits  of  hours  of  work  and  spread-over  laid down under the Act are not exceeded;

(g)  that the provisions of the Act relating to the payment of overtime are duly observed;