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Thread Started by #hr@centurywells.com

In our company Employees taking leave on Saturday & Monday. in this case we have to account 3 days as leave? and if employee taking leave before and after the Festival Holidays we have to account 3 days as leave?
please anybody help me on this.

4th December 2012 From India, Chennai
Hi
As per statutory laws you shall consider even Sunday as leave. But once again the company policies should be defined clearly. Few organisations won't consider sunday as leave but few will consider.
4th December 2012 From India, Bangalore
See if employee is absent on Saturday and Monday , then Sunday is consider as paid leave
but if employee takes leave on Saturday and join back to work on Monday, then Sunday is not considered as paid leave
AND about the festival holidays:
for Married female-taking leave one day before festival can be permitted as unpaid leave(depending upon your organization policies, no hard and fast rule)
ON THE FESTIVAL DAY THE LEAVE" HAS TO BE PROVIDED"..
BUT BEFORE AND AFTER FESTIVAL TAKING LEAVES IS NOT GRANTED. IT SHOULD BE DEDUCTED FROM SALARY. See bcoz as we know INDIA is a land of festivals and now n then we celebrate one or other festival...so in such case if organizations go for granting leaves, it would result in bad productivity.so as per my point of view ...taking leave before and after festivals, should be counted as paid leaves(exception for married women) and it should be communicated in a proper manner to the employees of organization on prior basis
4th December 2012 From India, Solapur
Hi,
First of all please let us know which type of industry are you employed with. Again do you have a prefix and suffix rule in your leave policy? Without these information, the comments given will not help you.
4th December 2012 From India, Bangalore
The comments given by me are from the general or common leave policy of various industries - leave is for Six days worked prior to it i.e. from monday to saturday . This is for a monthly rated employee.
Now, it depends upon type of leave. If a casual leave is taken on saturday it is ok and the employee has to report for duty on Monday. By chance, if he takes a leave on Monday, then at that time it cannot be a casual leave and it can be only sick leave wherein Sunday will be excluded and not taken into account, i.e it will be paid holiday- not to be deducted from the leave balance.
5th December 2012 From India, Madras
In 'Leave Management', there is a concept of 'Prefix/ Suffix'. Normally, the companies permit Sundays/ Closed Holidays to be either prefixed or suffixed with leave, but not both. As an example, if an employee takes leave on Monday, Sunday can be permitted as a prefix. And if he is on leave on Saturday, Sunday can be given as suffix. In the present case, the employee has to be on leave from Saturday to Monday (3 days) since he can't have the privilege of having Sunday, both as a prefix & suffix..

But, it all depends on the 'Leave Policy' of a company. If your policy clearly states that the same Sunday/ Holiday can be taken both as a prefix & suffix with leave, no one shall be in a confusion. But you may also need to clarify that Sundays/ Holidays falling within a leave period shall be exempted while calculating the total number of days for which an employee was on leave. This may be an employee friendly policy but, in principle, it negates the definition of the continuity of leave period and is thus not encouraged by organizations.

Clarifying all these aspects with examples in a company's 'Leave Policy' is, therefore, important not only from the employee viewpoint, but also to enable 'Leave Management' by the sanctioning authority & HR.
5th December 2012 From India, Delhi
Dear Mr. Jeevarathnam cuold i know in which law we can find that, that Sunday has to be considered as leave..
5th December 2012 From India, Bangalore
Hi Devendra As per the act If any employee takes leave on both Saturday & Monday then leave is of 3 days. But leave policy may vary based on employee friendly
5th December 2012 From India, Bangalore
As per general consideration Sunday is the rest day for the worker who worked 48 hours (6days x 8 hour per day) for the company. But if the worker willfully taking leave on Saturday and Monday frequently, you may make few corrections in your 'Agreement' based on minimum working hours per week.
-Shailesh : 09850303234.
5th December 2012 From India, Yavatmal
If any employee takes leave on Saturday and Monday it will count three days leave and you asked if he or she takes leave before and after the festival then, we will not consider festival as leave becasue festivals are paid holidays. Hence you will count only those leave which are before and after the leave.
Meenu
5th December 2012 From India, New Delhi
Dear Deven,
As rightly explained above, leave rules vary from company to company (for white collar employees). However, statutes have some sort of certain impact on the leave policies as framed by the different companies.
Most of the companies follow leave policy where holiday /weekly off is excluded while counting of leaves if holiday /weekly off falls during or at either end of the period of leave. Section 79 of Factories Act, 1948 is very clear about this.
However, let me reiterate once again that leave policy is a descretion of a company's management and framing of leave policy is as per the needs and requirements of the company.
Rgds,
Rakesh Srivastav
5th December 2012 From India, Gurgaon
Dear Rakesh
I had gone through the said provision but there is no any indication of the said issue all legal clauses are there . So it is clear taht this isuue is a part of Mgmt policy & any Mgmt can make the policy as they wish , For the said issue , if any employee/ union ask us about the law , act then..? this issue may a matter of disput...?
Devendra
5th December 2012 From India, Pune
I agree with Mr. B.K Bhatia's explanation, the company's policy must clearly state whether holiday in-between two leaves is to be considered as paid leave or not. To my understanding there is no law governing this issue.
Thank you.
5th December 2012 From India, New Delhi
Dear All,
To my knowledge there is Act or Rule which says holidays coming in between should or should not be counted as inclusive. It's a general practice with almost many employer holidays and sundays/weekly off etc. sand witched in between a spell of leave not to be ignored. On the other hand holidays, sundays/weekly off either suffixing or prefixing is normally permitted. Better ask your friends work for 5 days a week knows the knack of this prefixing and suffixing. they R the masters in this.
kumar.s.
5th December 2012 From India, Bangalore
Dear friend
There are Casual Leaves and Earned Leaves. In the case of casual leaves, an employee can apply leave on Saturday and Monday, with permission to avail public holiday on Sunday. In such case, casual leave will be deducted for two days only and Sunday cannot be considered as casual leave. In the case of Earned leaves, if the employee applies leave from Saturday to Monday including Sunday, the entire three days will be considered as earned leave for granted. This is the general rule in all firms. However, leave rules are subject to the guidelines and norms and standards prescribed by the concerned companies and firms according to their policies.
6th December 2012 From Canada, Calgary
Dear Friend,
Greetings!
Your query is depends upon the Company's Leave policy (for white collar employees). Normally, while taking CL on Saturday and Monday would not include sunday as leave. But in case of Sick Leave and PL, sunday would be counted.
regards,
B.Saravanakumar
6th December 2012 From India, Bangalore
Dear all, if some one give any reference of act related to the asked question, then only ot will be benefit for all. Regards kamaldhiman
6th December 2012 From India, Delhi
It depends on company policy, i think we should have employee friendly approach wherein Sunday is always a paid holiday, irrespective of prefix or suffix. Regards Javaid
6th December 2012 From India, Mumbai
hello,
There are types of leave viz. earned leave, casual leave, sick leave, maternity leave etc. If an employee is taking earned leave on saturday and monday then sunday will also be treated as earned leave. In case, if an employee is taking casual leave for saturday and monday then sunday will be excluded from casual leave.
6th December 2012 From India, Mumbai
The Factories Act does not provide for wages on weekly holidays.But Kerala Shop Act provides it.Usually sunday is included as leave except casual leave.All other things depends on Co policy.
Varghese Mathew
09961266966
6th December 2012 From India, Thiruvananthapuram
In my previous company in case of casual leave Sundays and any holidays falling between two leave days are considered for leave. In case of PL, such days were omitted. I think it depends upon company policy.
6th December 2012 From India, Bangalore
As per Factories act leave is to be given for one day for every 20 days worked by a workman. Nothing else. No rule/law says how this is to be given or whether Sundays/Saterdays or intermittent holidays are to be considered as leave/holiday. Leave rules are set by the individual company and it varies from company to company. You have to follow your company's set rule. There is no law prevailing in the country where you can approach for any clarification. Purely on company to company. You can see there is lot of difference in the leave structures also. Some company gives 10 day CL 10 day Sick Leave and 30 days PL. Whereas the pattern is different in other companies. I know many companies following exactly what is written in the Factories Act. There are many corporate wherein only 5 day working is prevailing.. As such please follow your company policy on Leave.
Best regards
6th December 2012 From India, Ahmadabad
Week ends holidays is considered as a paid leave as a part of his salary , and if you deduct it from his or her leave balance then you will take that leave 2 times first from his leave balance and the second from his salary .
in this case you must not deduct that day from his or her leave balance.
best regards.
6th December 2012 From Egypt, Cairo
If employee takes before and after the Sunday/holiday The leave will be calculated as a paid leave.. But its all differed for organization to organization, its all depending upon the organization policies.
6th December 2012 From India, Madras
Dear friends In probationary period PF and ESI is applicable?....Pls solve my issue By Asha (HR Executive)
6th December 2012 From India, Madras
PF & ESI are applicable from day one onwards whether the employee is on probation or not. Varghese Mathew
6th December 2012 From India, Thiruvananthapuram
There are leaves called Casual leave, Previllege leave and medical/sic k leave. Two days of either c leave or p leave taken along with declared holidays will be taken as additional leave days say as in this as c leave (Casual leave) on sat and Monday will be considered as 3 days leave and Sunday will not be considered as a company holiday. but in case a candidate takes a casual leave and a sick leave on Saturday and Monday respectively, then the leave taken by employee will be only two days as then Sunday will be a company holiday. Similar rule applies to weekly off pre and post leave days. This is for your kind info
6th December 2012 From India, Madras
If employee is entitled for leave we will consider Sunday also as leave . If the employee is not entitled then the employee will go under LOSS OF PAY for all those three days.
6th December 2012 From India, Bangalore
I give below certain logic for dealing with prefix / suffix of leave
In case of the leave is of CL (both Saturday and Monday) of nature the intervening holiday should not be considered for reckoning.
In case of the leave is SL / PL (both Saturday / Monday) of nature then there is every reason that the intervening holiday should be considered for reckoning. The understanding is that, the person has availed his leave for sickness / Personal work etc. and continued / availed the leave for the same reason on Sunday also.
However there should be a policy created on this line.
Murugesan R

6th December 2012 From India, Chennai
In my company, we are working for 5 days per week, Monday to Friday and if I take 2 days leave for example Monday and Friday they will not take Saturday and Sunday as part of the leave.
6th December 2012 From South Africa, Pretoria
Yes, I am working in an IT company and my company also has the same policy. If we take leave for Saturday and Monday than 3 days salary has deducted...
6th December 2012 From India, Dehra Dun
Dear Members,
I agree with Mr. Jeevarathnam.
I have worked for a SSI unit. The Leave Policy has been decided mutually with the Staff & Labourers to have a cordial relationship.
In our Co, we have the policy of 1 PL for every 12 working days and once a particular employee completed 240 days in a year, we used to calculcate the balance working days( those who have attennded work beyond 240 days) for leave 1 PL for 10 working days.
Regards
Ravi
7th December 2012 From India, Mumbai
In any of the Labour laws there is no such rule or regulation about the same. It will depence upon the rules and regulation of each company.
7th December 2012 From India, Kochi
Dear All,
There is no provision, which interprete as when an employee taken consecutive leaves, including Sunday or Weekly off has to be considered as paid leave.
If you know then please let us know with section of the particular law.
Regards,
Avinash K.
8th December 2012 From India, Mumbai
There is no rule or Act, to be considered as sunday as leave when saturday and monday is taking leave by the Employees... Its upto the Company Policy... I think so its happening in some of the concerns only... But for festivals you cant consider like that.. Its definitely paid holidays even if they are taking leave before and after the festivals.....
11th December 2012 From India, Chennai
Respected All,
Can anybody please help me out to get the clarity as written below;
1. What is the Higherchycal stracture for HR & Admin dept too from trainee to top level?
2. What is the % of increment if an employee joining in a new company & what will the case while performance review new employee?
3. How many leave can be allowed to an employee per year (both payroll & off roll employee)?
Awaiting for reply.
12th December 2012 From India, Bangalore
Dear Puspa1370

These, your topics have been posted many a time in citeHr and before placing your query U should search thro' earlier posts whether discussed or not. This check will help U to get your clarifications quickly/ready made instead of waiting for others to reply afresh once again.

1) Use this: linkhttps://www.citehr.com/439767-sap-hr...structure.html

2) This was also discussed earlier, however there is no hard and fast rule as to the minimum %age of increment to be given to employees. However generally the %age of increment could be what is followed in such line of business and such of sister concerns. It will also depend on the basic structure of salary for e.g. there are some firms follow CTC pattern some firm increment on basic pay, some on overall %age of gross salary etc. Some firms grant just like that lump sum increment for exceptionally performing employees some times 20 to 30% jump also seen. For some under performers there wouldn't be any increment at all or withheld/deferred. A fair rate could be 10 to 15% p.a. on Basic pay is reasonable.

3) The leave matter was also discussed recently. However use the attached article to know it better.

kumar.s.
12th December 2012 From India, Bangalore

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Hi Pushpa Everything changes form company to company. For increments there is no any standard %. It all depends on the performance. Please draft the policies for those to avoid confusions in future
12th December 2012 From India, Bangalore
Hi,
Just to add my view,I think Sunday should be considered as a holiday itself irrespective of prefix or suffix because anyways company or organizations don't work on that day..so there is no point of making it as leave either paid or unpaid.
Also when the employee who don't take leave get this benefit then why its on the head of employee who takes leaves for any reason it can be.
I am not considering any policy or labour law but just common sense.
18th December 2012
Dear friends,

The question raised by the Hr@centuywell is a very important question and to the best of my knowledge there is no law which deals with the problem broadly.

The all posts posted in this thread have different views which do not lead to a commonly acceptable solution of the problem in hand. Some fellow wants to know the legal solution while some advised practical approach and practices involves in various establishments.

Generally there are two enactments which described some aspect about the leave matters one is The Factories Act, 1948 other is Shop and Commercial Act. The later Act is State Act and as such the provisions of this Act differ State to State but generally can be said simultaneous in nature, I am not going to details thereof for the sake of briefty. One more important thing is to be noted that any establishment either must be registered with the Factories Act or Shop and Commercial Act irrespective of the fact that whether it is ran by a Company, Firm or Individual. As such for the point of view of legal solutions we have to consider the provisions of these two Acts only.

So far the provisions of Factories Acts are concerned the Section 79 is important in respect of the problem in hand. The Explanation 2 of the section 79 is read as under-

“The leave admissible under this sub-subsection shall be exclusive of all holidays whether occurring during or at either end of the period of leave.”

Here the word “holiday” has not been described whether it is weekly holiday or festival holiday.

The intention of the legislator is very clear here the any holiday in between the period of the leave or at the end of the leave will be exclusive of the leave and cannot be counted for.

The provisions of the Shop and Commercial Act do not give any idea about it to the best of my knowledge.

From the above a clear inference can be drawn the do not permit inclusion of any holiday fall in between the leave or at the end of the leave granted in respective of the fact whether it is a weekly holiday or festival holiday. However it can be said when there is no leave in the credit of a workman or he/she is on unauthorized leave inclusion of the holiday is permitted.

For the non workmen employees, on whom the provisions of the Act do not apply it, will be covered by individual leave policy of the concerned establishment.

Since there is a flaw in the wording of the Act it is being interpreted invariably. But the intention of the legislator is quite clear.

Now it is up to you, your company to decide what is to be adopted in your leave policy. But in my opinion if the employee concerned is on authorized leave on Saturday and Monday and has credit in his/her leave account Sunday (Holiday) should not be counted.

I would request all the viewers if they agree with my point on view should validate it by clicking the validate button to so that it would help me and many others to form the leave policy in future.

PKJain
29th December 2012 From India, Delhi
Dear Sir,
As per our self study, A Employee can avail 7 (Seven) CL, 7 (Seven) SL and Minimum 16 (Sixteen) EL. Remaining CL can not be carry forwarded for next Year but SL and EL both will be carry forwarded for next year with new calender leaves.
With Regards,
Pankaj Bajpai
9th February 2013 From India, Alwar
while we are taking long leave in means 15days like that then in that sunday include then how calculate leave days pls tell me
2nd May 2013 From India, Vellore
]
Sir: I worked in a NBFC organisation for 20 years and at the time of retirement I did'nt got any disbursement of Unavailed Leave amount whereas I have availed 60 to 70 leaves during my service period . Am I entitled for my EArned Leave reimbursement for unavailed leaves .
I was in Management Cadre and company was issuing circulars and keeping EARNED Leave cap say 60 days in a year and same is got to be availed by all the employees . It was mandatory to avail such EArned Leave otherwise same will get lapse at the end of March every year.
I understanding there is rule of accumulating 300 leaves and leaves if not available are got to be reimbursed.
Kindly assist
Regards
Vijay Grover
19th September 2013 From India, Delhi
Mr Grover
Your NBFC comes under the Shops and Commercial Establishment Act of the concerned state.Your encashment will depend on the provisions in that Act .As the Companies policy is to avail the leave you may not get the leaves encashed.
Varghese Mathew
19th September 2013 From India, Thiruvananthapuram
#Anonymous
[QUOTE=varghesemathew;2090692]Mr Grover
Your NBFC comes under the Shops and Commercial Establishment Act of the concerned state.Your encashment will depend on the provisions in that Act .As the Companies policy is to avail the leave you may not get the leaves encashed.
Varghese Mathew
Thanks Mr Varghese for reply.
In such cases where Shops & Commercial Establishment ACt is applicable
Can a Company make such Policy and every year issue self styled circular by keeping a CAP of 72 days as EArned Leave for all the employees and balance leaves get lapsed automatically.
In fact every year CAP of Earned leave got reduced from 84 TO 72 and then to 60 and later on 45 leaves etc and it was made sure by the company that all employees must avail 30 days leave in a year and if not availed BY EMPLOYEES THEN Leave gets lapsed automatically and next year say April 01 leaves get accrued automatically.
Please advise
Thanks - Krishan Grover
19th September 2013 From India, Delhi
You can do it by a settlement with workmen if 'workmen' are affected.Otherwise you have to comply with Sec 9A of ID Act.You should be able afford people taking leave which results in loss of production or service.
Varghese Mathew
9961266966
19th September 2013 From India, Thiruvananthapuram
Sunday or other closed holiday is not to be counted as on leave in case of Casual leave only. For Earned leave and Sick Leave, sunday would be included as Paid leave.
5th April 2014 From India, Mumbai
Hi , i am from Goa .working as an IT engineer. As i had joined a new company . They said i have 2nd and 4th Saturday off . So last month i was not der on Saturday as it was my off and I dint come on Monday ,so my salary got cut for Saturday, Sunday and Monday, is it correct or company should notify us about this rule . they had given me rules copy but it was not mentioned. Pls reply
8th October 2016 From India, Pune
This is mainly based on the Leave procedure and rules framed by the concerned firm or company. Every company or firm should have some specific leave rules. The instant case has to be dealt with according to the leave rules of the company.

However, as far as Government rules are concerned for the Employees of State and Central Government, an employee can avail casual leave at a stretch up to 10 days including Sundays, festival days and Holidays if any. According to this, in the instant caste, if an employee applied for casual on Saturday and Monday, Sunday will be granted as Holiday only, it cannot be counted as leave or loss of pay. The employee is entitled to avail Sunday as weekly holiday. Suppose if the leave happens to be more than 10 days, then all the holidays, Sundays will be counted as leave to be deducted in his leave account.In the instant case, it is only three days casual leave, the leave can be granted for Saturday and Monday permitting the employee to avail Sunday as Holiday without any loss of pay of deducting from leave account.
10th October 2016 From Canada, Calgary
The issue is related to your organisation policy. If the employee is on paid leave then Sunday or festival day will be counted as paid leave. However, if employee is on Casul Leave, then Sunday or festival day will not be counted as holiday.
12th October 2016 From India, Mumbai

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