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Boss2966
Industrial Relations
Kamalkantps
Sumitk.saxena
Service/manager-hr
Skpathak1010
Edp Assistant
Pmm_hr
Hr Executive
+5 Others

Dear Seniors,
As per Section 52 - Weekly Holidays
Suppose Weekly off is on Thursday
Employee is absent/ leave from work on Friday, Saturday, Sunday , Monday
If employee joins duty on Tuesday & also worked on Wednesday then is he eligible to enjoy weekly holiday on Thursay?
Though as per section 53 he has not worked for six days?

From India, Pune
Dear Prashant
Always do not get everything only through act. The Wages are fixed for month by the Government and it will be divided by 26 days to derive the Wage Rate per day. Hence if the employee becomes absent, his weekly off rate also proportionately got reduced. So you need not to worry for the Off and salary details for weekly off, if you make the payment as per the daily rate calculation.

From India, Kumbakonam
Dear Boss2966 Sir, If the salary fixed for 30/31 days then the perception would be differenent right? I am talking about employees whose salary is fixed for 30/31 days.
From India, Pune
To the best of my knowledge there is no 31 days.
If it is daily wage rate basis it is for 26 days.
If it is monthly it should be treated as 30 days only.
If the employee has leave balance, these leave say Friday to Monday - 4 days to be adjusted against eligible leave.
If not eligible then loss of pay can be calculated based on excess leave taken days only.
On your other question, yes the employee is eligible for your weekly off which is fixed for Thursdays (even though employee was on leave from Friday to Monday). Having worked on Tuesday & Thursday, yes - employee is eligible for weekly off.
Here one small request (I hope you are from HR side). If we from HR side take leave in a similar way, we will ensure we get that Thursday weekly off.
I wish let us treat our co-employees also in a similar way.
Regards,
Sundararaman

Dear Prashant,
It doesnt matter whether he takes leave or not. He can take his weekly holiday. since you have specified his week off on thursday.
Suppose if you say he should not avail the holiday then if he is working then tell me you will give him week off on next Monday(7th day) or thursday(10th day)? you dont change the weekoff schedule
Just mark as leave(If leave balance is there) else mark LOP on F, S, S, M.
If he has leave adjust 4 days in leave and full salary will be calculated for 30 or 31 days.
Else if LOP he will be paid for 26/30 or 27/31 days respectively for the month.

From India, Mumbai
Dear Prashant
Even in case of employees also, the salary is being calculated as 26 days month only. (Please refer Gratuity Payment System). Any Company hiring us is for 26.0833 days and 8 hours per day only.
No of days in a year - 365 days
Total Sundays/W.Off - 52 days
Working days in a year - 313 days
Working days in a month - 313/12 = 26.0833 days
Say it is 26 days per month.
That is the reason we are dividing the Govt Fixed wages by 26.
In this the Weekly Off or Weekly Holiday are being paid in equated payment.
For calculating the Gratuity also we are adopting the formula as
Salary/26 X 15 X Total No of years served

From India, Kumbakonam
Dear prashant

Your query appears to me is that if a factory worker is on leave for 4 days prior to his weekly off whether he is eligible for weekly off under Sec.52 since he did not work for six days. Here Sec. 53 deals with establishments which are exempted from Sec.52 and hence sec.52 and Sec.53 are independant of each other.

Nowhere Sec.52 laid down that a factory worker shall work for six days to earn a weekly off. What it all says is that an adult worker shall not be allowed to work on the first day of the week or if he has to work on the first day of the week, he shall be granted weekly off on one of the three days either immediately before or after the said day of the week which in your case is the Thurs day. The section does no where say that he should work with hammer and sickle for six days to earn a weekly off.In my view, the section is silent on this condition to solve a problem you just posed.

In support of this view, suport can be sought from Sec.79 of the Factories Act. Explanation to Sec.79 which stipulates minimum240 days of srevice to be put in by a factory worker to earn his annual leave, explains as to how to compute those 240 days of service. It says at clause (c) of the explanation that the period of leave enjoyed by a worker shall be deemed to be the days on which he worked in a factory for the purpose of entitling him to annual leave for the next year. In the same, iny view, the days on which a factory worker is on leave (with wages) during a week shal be deemed to be the days he worked and hence he is entitled to weekly off on Thurs day even though he was on lave for four days prior to Thurs day.

B.Saikumar

HR & labour Law Consultant

Chipinbiz Consultancy Pvt.ltd

Mumbai

022-28324234

From India, Mumbai
Dear Prashant,
the intention of the legislature in saying that worked for six days is employed for six days. It is like continuous employment that includes the days of holidays, approved leaves, applied but not approved leaves with reason and weekly off. so if any employee is employed for 6 days he is entitled to 1 day weekly off.
hope this clears the doubt. this is the matter of interpretation.

From India, New Delhi
Dear prashant, I am fully agree with Mr.Kumar & Mr. Bhaskar is logically explained the same and you have to proceed the same. sumit
Sir please clarify that what is the rule for granting sunday/weekly off as per factory act regards

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