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PBS KUMAR (HR - PROFESSIONAL)     06 February 2010

HOLIDAY PAYMENT

Dear Senior Friends,

In our firm we are engaged some contract worker under contract labour (R&A) Act. For National Holidays if any regular wokermen works we paying double OT. Like that  is the contracter's workmen are entitle for double OT or Not. As a HR person I accepted that since 'Workmen' abrivation attracted according to Factories Act .

PLEASE GIVE YOUR VALUABLE COMENT ON THIS . IF ANY SECTION ACCORDING TO ANY ACT PLEASE SUPPLY. Beacuse one of our accounts personnel is challenging it. Plese rush for your replyl

Regards,

PBS KUMAR



Learning

 14 Replies

S V Narayanan (Personnel Manager)     06 February 2010

What is the type of your firm? is it factory or establishment covered under Shop & Establishment Act?

R.R. KRISHNAA (Legal Manager)     06 February 2010

Contractor's workmen are also eligible for double OT.  But if there is any clause in the contractor's agreement that in any case of disputes with the workmen's wages and that the employer is not responsible and the contractor shall be solely responsible or any other clause which releases your firm's liability and inflicts the liability only on the contractor to make double OT payment, then the contractor shall be made liable for the same. 

 

It all depends on the contractor agreement between your firm and contractor.  If there is no such clause, then your firm is liable to pay double OT.

V. VASUDEVAN (LEGAL COUNSEL)     06 February 2010

Contract Workers are certainly entitled for double OT. Also the principal employer has to ensure that the OT is duly paid.

vasudevan 

PBS KUMAR (HR - PROFESSIONAL)     07 February 2010

Dear Narayanan ji,

Our firm is FACTORY.

 

Sarjooram Sharma (Assistant Labour commissioner)     08 February 2010

Contract Labourers are also entitled to over time at double rate and the principle employer has to ensure that the contract labourers are being paid wages in accordance with the law and rule by duputying himself or his subordinates at the time of disbursement of wages to the contract labourers by the contractor.

PBS KUMAR (HR - PROFESSIONAL)     08 February 2010

Dear Sharma ji,

Thank you very much for your prompt reply.

Regards,

PBS KUMAR

 

V. VASUDEVAN (LEGAL COUNSEL)     08 February 2010

 Dear Mr. Sharma, I would like to be guided by your expert views regarding the manner of disbursement and the principal employer's representative being present, in the present context. Presently the salaries and wages are being disbursed by cheque/director transfer to the employees bank account. Hence Is it sufficient compliance for the principal employer to have a reasonable audit and obtain a confirmation from the contractor that "all salaries and wages payable to the employees have bee duly credited to their respective bank account".

Vasudevan

Sarjooram Sharma (Assistant Labour commissioner)     08 February 2010

Then it is all right. My submission is that the principal employer has ensure the disbursement of wages to contract labourers in time, not less than priscribed minimum wages and without any unauthorised deductions.

PBS KUMAR (HR - PROFESSIONAL)     09 February 2010

Dear Vasudevan ji,

Your expression is right, recently in A.P Labour department has issued a notice stating that all the minimu wages pertaining to contact labour has to disbursed through the banks. But some of the daily wages the contractor has unable to pay throug the bank. The labourers are worked 1day 2 days and 3 days like that. But its mandatory ofcourse... How its possible an illtrate daily workere get back his daily wage throug bank ?

Regards,

PBS KUMAR

sudhir kumar (Asst. Manager)     07 October 2011

I also heard that AP Govt. has given instruction to pay by cheque. But i dont have the circular / notification. i have the circular / notification only for the MH.

Shall any body will help by providing circular / notification pertaining to AP.

 

T/R

Sudhir Kumar

L&T

sudhir kumar (Asst. Manager)     07 October 2011

Originally posted by :sudhir kumar
"
I also heard that AP Govt. has given instruction to pay by cheque. But i dont have the circular / notification. i have the circular / notification only for the MH.

Shall any body will help by providing circular / notification pertaining to AP.

 

T/R

Sudhir Kumar

 
"

Jai Karan Nagwan (consultant)     16 October 2011

Dear Mr. PBS Kumar,

Hope your query is still un-answered. Your query is specially for national and festival Holoday. Double the wage for working on N&F holiday is not the thumb rule. Mr. SV Narayanan asked you specific question before answering your query, but you though that to be not very important, in fact reply of that is very important before you get satidsfactory reply of your query.

However, it is important to bring your notice that most of the states have there own Industrial establishment (national & Festival) Holiday Act, which govern the mode and quantum of compensation for the work done on national and festival holiday.

first you reply as Mr. Narayan asked you or read the relevant S & E Act/Industrial establishment (national & Festival) Holiday Act, which is relevant in your case.

Jai Karan Nagwan (consultant)     16 October 2011

Dear Mr. PBS Kumar,

Hope your query is still un-answered. Your query is specially for national and festival Holoday. Double the wage for working on N&F holiday is not the thumb rule.

However, it is important to bring your notice that most of the states have there own Industrial establishment (national & Festival) Holiday Act, which govern the mode and quantum of compensation for the work done on national and festival holiday.

so You need to refer the said act for more clarity.

PBS KUMAR (HR - PROFESSIONAL)     17 October 2011

Dear Jai Karan ji,

 

Please see my postings that I have already answered Mr. Narayanan question. OURS IS A FACTORY.

Regards,

PBS KUMAR


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