Dear Anika,
As per provisions (general) laid down in the Shops & Commercial Establishment Act, it is mandatory on the part of the employer, inter alia, to notify the weekly off day through notice board as well as to the Labour department thru' relevant form/format. Since your query is for a CA firm where existance of daily rated workmen/weekly rotated shift duty is supposed to be nil, the mandatory weekly off would surely be on Sunday only and the same is treated as a paid holiday for all monthly rated employees. As such, the question for deriving eligibility of paid Sunday on the basis of number of days worked for the particular week does not arise. However, you may consider such leave of absence during the week in question either as paid leave or LWOP, as per leave policy of your organization.
Hope, this clarifies your query.
Gopal

From India, Jaipur
@ Mr. VKomthankar... wud like to know one more thing that in case of monthly salary, can v deduct sunday benefit if someone is not coming for atleast 4 days in a week, even if he has come on saturday and monday?
Reason me asking this is I was using d same in factories act where my PF consultant told this point to me.. And now wen m in Shops & Establishment act, i m not able to find any such rule in this act. so wanna know about this rule
Thanks & Regards,
Anika Sharma

From India, Meerut
Dear All,

I have gone through the whole discussion.

she had asked if salary based employee doesn't attend office for 4 days in a week say He/ she comes on Monday & Tuesday only and then He comes to office after 4 working days (after being absent/ Leave from Wed. to saturday) i.e on Monday next coming week only.IS HE/ SHE ENTITLED FOR PAID WEEKEND I.E. SUNDAY??

is it right Anika ??

To my knowledge what we do here in a manufacturing concern in Noida .If he/ she is not a confirm employee( salary based) we only pay for a holiday in a month , other than sundays and declared Holidays( by Company).Rest of the absenteesim will deducted from his/ her salary .In above case , for this salary based , not confirned employee, sunday will not be paid.

If he/ she happen to be a confirmed emploee , in this particular case this sunday will be a paid sunday and wednesday to Saturday will be marked as Leave( may be sunday also marked as Leave depending on the HR policy of the company) and this number of leave will be deducted from his account of leave or adjusted at the end of the year at the time leave encashment as the case may be. in our case we only encash/ pay for leave for over and above <45 adys only. Hence it is adjustable in any case.

I think its clear now. if not You may pls update me for any of my ...........

Regards,

SN

From India, Delhi
When weekly off falls within the absence period, the weekly is also treated as absence. Similarly when an employee does perform his duty just preceeding days of the week, he can not be given paid weekly off for his extra duty performed on weekly off.
From India, Bhubaneswar
Dear ALL,
Pls. mention exactly the section under which sunday can be marked as absent (LOSS Of PAY)
Acc. to factories Act and Leave Actof paticular State:
if an employee in whole Feb month was on Leave with wages then EL would be only 24 and 4 sundays extra.
there is slight confusion what will we mark sundays as "LOSS of PAY" or "Paid". if "Paid" then why it can be subtracted from EL's or CL's etc.
If any senior lawyer is on discussion board, Pls. input your views on it!!!
regards
Manish Gupta

From India, Mumbai
Sorry I am late in responding.
You can not and you should not deduct salary of Sunday, in a instant case given by you.
What you were doing in the past in factory is also absolutely wrong. I wonder how your employees were tollerant to such a wrekless deductions. No legislation allowes such deductions. Advise of your PF Consultant is not correct and not legal.

From India, Pune

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