Purpose:
This policy defines the provisions in situations when employees are required to sit late at work to meet business exigencies.
Applicability:
It applies to all employees, including permanent employees (whether on probation or confirmed), temporary employees and casual employees. It does not apply to independent contractors and contractors employees.
Policy:
- To meet exigencies it may be possible that an employee or a group of employees (not covered under statutes such as Factories Act or Shops & Establishments Act, for eligibility to overtime (OT) payment) have to remain at work after office hours. Whenever this happens, many companies apply the following rules, particularly in metros ( the example of Mumbai is used). This list is indicative and organizations can choose to include all or some of these.
- No Overtime is paid
- Food arrangements are made after 1930 hours
- In case of a female employee who leaves office after 2100 hours, she is reimbursed taxi fare to the nearest railway station
- In case of a male employee who leaves office after 2130 hours, he is reimbursed taxi fare upto the nearest station (again in Mumbai, for example)
- In case the employee leaves the office after the last local train has departed at the nearest railway station/he will be reimbursed taxi fare and/or rickshaw fare till his/her residence.
- If however, employees are called to work:
- on a non-working Saturday/ Sunday,
- on a declared holiday,
- in the night starting 2200 hours;
In many companies, they are entitled to a compensatory off, provided they work for a period not less than 6 hours on such a day/night (Traveling at night is not considered for Compensatory off).
Compensatory off is permitted only if the employee was specifically called to work by his/her immediate supervisor. If the employee attends the office on his/her own accord i.e., without the specific instruction of the supervisor, s/he is not entitled to a compensatory off.
An employee is expected to avail the Compensatory Off within ____ days from the date on which the employee worked on a non-working day. In case it is not availed, it lapses.
Compensatory Off can be prefixed / suffixed with a holiday/weekly off.
To avail a Compensatory Off on a particular day, approval of the Head of Department is necessary.
Compensatory Offs cannot be encashed.
- Employees covered under the statutes such as Factories Act and the Shops & Establishments Act are paid over time for work beyond their working hours as per the law, which currently is at double the employee’s salary.
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