Remuneration on public holidays

SE Act West Bengal

8.  Hours of Work-Establishment

24.    Records/Registers to be produced

Overtime register in Form U

But are these laws applicable for managerial posts in hotel industry

thanks 

It is felt that work/rest hours, off days, holidays are applicable to each employee.

If your query is divided in two parts;

OT: for working beyond working hours. OT for non exempt and exempt employees.

Compensatory off: for working on a holiday.

Company might have mentioned office hours/work hours, OT policy/terms in appointment letter.

In case the duty is by Shifts Company must have mentioned duty hours in office/shift circulars.

Company should have declared its HR policy on extra hours clocked by employee and OT applicable to each designation including managers. Is case of managers, considering them part of the management, company might have declared the OT compensation by extra wages is not applicable. It must have declared what is applicable as per its policy. Company has to have a policy, and company should circulate its policies and supply them by effective modes of communication and keep the policies in the knowledge domain of all employees including managers.

Company may treat 1 hour as OT and less than 1 hour no OT.

Company may agree to grant off day.

Even in such situation there may be a policy that employee shall have to apply for compensatory off to approving authority in a specified time and until approved he can not avail the compensatory off.

The employees including managers can seek clarifications from the o/o appointing authority.

The problem is employee do not write fearing adverse actions by company, and their fear and apprehension may be true.

The Hotel Industry falls in Organized Sector and may be it is non unionized.

At the same time trade unions in West Bengal are active.

You can speak to managers in State Tourism run hotels. The laws are framed for all employees.

The solution to the hotel industry where employee are subjected to long work hours may be possible if the employees form a trade union/association/ guild and press for their rights.

The students while studying Hotel Management courses are trained to be prepared for long work hours.

While in job majority of the employees say in F and B remain satisfied with extra income from tips and do not speak out to get extra wages and compensatory off.

Other point is that employees do not obtain/keep/record proof of working hours.

And companies do not allow marking hours of work.

Companies may frame policies but may not circulate.

However against working on public holidays company must compensate.

You may seek clarification from Head-HR and obtain HR policy, in a casual and gentle manner. Company might have placed in HR portal also.

You may speak to Inspector in SE Inspectorate, or ALC in o/o Labor Commissioner.

Valuable advice of learned experts/members is sought.