Dear all
The wage determination for workmen is as per the Minimum Wages Act. Whenever state (in some states refer relevant state rules) notifies circular on minimum wages and the wages are so calculated that the wage includes sunday wages also.
I,e if daily rate is 230.50 for an unskilled category, working for 26 days, it includes the 4 or 5 Sunday wages and the employer need not pay for the Sundays.
For supervisor level it depends on comapnys policy.

From United States
you just simply see the state govt. or central govt. notification (as applicabale)wherein it will be clearly specified wheteher the wages will be calculated on the basis of 31 days or 26 days.


Act clearly says salary or wages for 26 working days. Same is used for gratuity calculation etc. More benefit-- four off with pay etc.-- if provided by the employer is always welcome by the law; anything less will put the law into action for violation. But in any case the minimum wage should be there whether it is payable for 26 or 30 days. Hope it is clear to u.

From United States, Cambridge

Whatever formula service conditions provide for for which the employee consented is legal subject to Labour Laws in force.Government employees get salary for 30/31 days in a month( other than February) being treated on duty on Sundays and holidays.Besides they are entitled to paid casual leave and earned leave ( at the rate of 1 day for every 11 days of work attended to).They can also encash earned leave periodically and at the time of retirement.Thus Government employees in effect get salary for more days than they work for.

From India, Hyderabad

I agree that for gratuity calculation the number of working days is 26 per month. But if a company is working on five days a week and then including holidays and leaves the total number of working days in the month will actually be around 20. In such a scenario taking 26 as a basis for calculating averaging daily salary for Leave without pay deductions or Leave encashments is going to be erroneous.
From India, Delhi
Dear All,
In our company we divide annual salary by 365 days or 366 whichever applicable which gives per day salary.
This per day salary is kept common whichever month (31/30/28/29) it maybe.
If an employee has taken 5 days unpaid / unauthorised leave in month of Feb (28 days) he is paid 28-5=23*per day salary.

From India, Delhi

dear all
1. Minimum Wages
1.1. it has become a practice to follow the minimum wage notifications where the salary is
shown as 26 days basis.
1.2. however this notification is mean only as a guideline to the quantum of wages to be paid
per day as minimum wages.
1.3. industries who pays minimum wages to their workers should pay heed to this practice that
if the worker works for the whole month they must be paid for those days on pro-rata
basis on which their entitlement for weekly off is established i.e for working on 6 days and
getting a days off with pay
2. Permanent Employee
2.1. Their entitlement to all statutory leaves are legal rights
2.2. The Salary towards these employees ae for all 31(30) days
2.3. The basi of calulation of their salary thus made by dividing the salary by 31(30) days
3. Gratuity
3.1. It is a coverage given for working the complete 5 years which includes the weekly off
3.2. Thus the calculation is made on 26 days basis.
best regards,
Asitabha Sanyal

From India, Delhi
Bhabra Ramesh

As per factory Act rules in any Factory payment is to be calculated on working days basis i.e. month days minus weekly off i.e. 26 or 27 or 25 for that particular month. even for Gratuity calculation per day salary is calculated on salary divided by 26 days.
So that for calculation of Leave with wages per day salary is to be divided by 26.
So it is not illegal.

From India, Nagpur
The Difference can be seen in two perspectives
Company's point of view: following 31/30 days system
Manpower cost per day will be reduced and all 31 days including holidays are paid.
Company can get a goodwill from employees that their Sundays / holidays are also paid.
Employee point of view: following 31/30 days system
As salary is calculated on 31 day basis, any LOPs will be considerably less when compared with a 26 days system. [ex say salary is 30K lop for 1 day is Rs.1000 under 30 days system, whereas if it is 26 days then LOP for 1 day will be Rs.1153]
As far as i know there is no legal bounds in this. You can decide what you want to follow.

From India, Hyderabad
I agree with this.. I also share the same... Any encashment or LOP should be justifiable for both employer and employee respectively... -Dinesh
From India, Hyderabad

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