M presently working in a CA firm which comes under Shops & Establishment act. I've worked with cos which were under Factories act. and applied a rule of paid sunday after working of 4 days. ie if some one work for 4 days in a week only then he/she will get the sunday paid holiday benefit. Which got into my knowledge though a PF/ESI consultant there.
Now I want to know whether can i apply the same rule in CA firm or not. Kindly revert on my query asap.
Thnx & Regards,
Anika Sharma

From India, Meerut

Industrial Relations
Dear Anika
While we are calculating the wages from Month wages into daily rate that time itself we are considering the Sundays. That's the reason we are arriving the Daily wage rate Monthly rate fixed by Govt / 26 and not on 30 days basis.
So the Sunday wages are already evenly included and distributed in Otherdays wages.
With warm regards
S. Bhaskar

From India, Kumbakonam

Hi Anika,
How ru first i have tell u if ur working in sunday so they have 2 option one is you have mention in muster roll sunday working so, employer is paid double wages on that day, then 2nd option is employer is understood then he will pay in casual basis only for sunday entries.
I hope ur query will resolve.
thanks & regads,
Chander Kr.
HR - Exec.
E-mail:[email protected]

From India, New Delhi
Dear Mr. Bhaskar,
I've understood your point but my point is to know is there any rule in shops & establishment act to give sunday benefit(paid) to employees even when they have not worked for 4 days in a week..
I've applied the same rule of my last organisation in this CA firm. but guess as this is not much in practice and many big firms are not applying this. so just wanna clear this point, whether this rule is right or not to give sunday paid only when people work for atleast 4 days in a week.

From India, Meerut

HR & Back end Operations
To get the benefit of a weekly off, employees have to work for 50% of the working days in the preceding week, else weekly off/ Paid Holidays will also be included in the string of leaves. EXAMPLE: Imagine an employee working for only 4 working days in a month and getting paid for 8 days due to 4 sundays in the month???...This wont be justified.....................rgrds
From India, Mumbai
tats right but i wanna know is there any policy or rule in shops & establishment act or in Factories act stating the same that one should work for atleast 50% of days to get sunday benefit
From India, Meerut

Industrial Relations
But In case if a person did not turn for 1 day also will get less on Sunday remuneration. So you need not to bother much about anything. If they work on sunday then you have to give one Compensatory Off on next three days or you must pay double OT of wages for them.
From India, Kumbakonam

HR & Back end Operations
@ S.bhaskar......perfectly answered..thats precisely the way its done in Shops & Estb. I think its clear cut and no ambuity. Everything done in an organization doesnt need a rule book. There is something called policies and procedures in organization precisely for this purpose.................rgrds
From India, Mumbai

Asst. General Manager - HR
I find your query confusing. I will try to answer it from my perspective.
  • Be it Factory or a Shop or a Commercial Establishment, there is a legal provision of weekly off. Employer is required to stipulate a particular day as a weekly off in each week, on which day employee is not supposed to work.
  • Treatment of weekly off for payment of salary purpose will depend upon the category of the employee and particular policy followed by employer.
  • In case of Daily Rated Workers, salary for month is derived by multiplying No. of Days worked by Daily Rate of Wages. Obviously workers are not paid anything for weekly offs
  • In case of monthly rated employees, total monthly salary fixed is for all 30 or 31 days of the month which includes weekly offs as well.
  • In case of monthly rated employees, widely followed practice about treatment of weekly off in relation to leaves or absence is is : 'Weekly Off at the beginning and/or at the end of leave/absence period is treated as Weekly Off, but any Weekly Off sandwiched between Leaves/Absence will be treated as Leave/Absence.'

From India, Pune
What Mr. VKomthankar said is absolutely right. Generaly only intervening weekly off is considered as part of leave. For working on weekly off you must pay double OT to the employee whos salary calculated on daily wage rate basis and C/O to the employee whos salary calculated on monthly fixed salary.
With warm regards,
Sachin P.

From India, Ahmadabad

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