Rules Of Deduction Of Salary - CiteHR
Maulik Dave
Hr Professional
+2 Others

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Hello, I would like to know that if i was on leave from 23jan to 28 jan and 25th was Sunday and 26th was national holiday so how many days salary shall be deducted. I worked with a pvt ltd company
@ Asthasachan11@gmail.com
Good Afternoon.....!!!!!
As per SHOPS & ESTABLISHMENT Chapter: Leave with Pay and Payment of Wages
Section 35: Leave Section (4) ,(4) Notwithstanding anything contained in this section, every employee, irrespective of his period of employment ,
shall be entitled to additional holiday on the 26th January, [1st May, 15th August and 2nd October every year. For
holiday on these days, he shall be paid wages at a rate equivalent to the daily average of his wages (excluding
overtime), which he earns during the month in which such compulsory holiday falls.
Provided that the employer may require any employee to work in the establishment on all or any of these days,
subject to the conditions that for such work the employee shall be paid double the amount of the daily average
wages and also leave on any other day in lieu of the compulsory holiday.]
Hence considered as Paid Holiday.
The rest depends on your company "Leave policy' if they are applying sandwich rules {(Leave-Holiday-Leave) or (Holiday-Leave-Holiday)} in that case their may be deduction of 5 Days. Else only 4 Days deduction Applies.
I hope your doubts are clear. Feel free to write for any further information (if required).
All the best.

If you were in Privilege Leave/Earned Leave the entire days from 23rd Jan till 28th Jan will be counted as Leave consumed and Leave Salary will be paid. If you were in Leave without Pay (LWP) then you are entitled for 4 days Salary deduction i.e. 23rd, 24th, 27th and 28th Jan
Hi Ashtasachan, 5.2.15.

Sub: LEAVE ADMIN. / MANAGEMENT-Rules

==========================================



This has ref. to your query reg. Leave Rules.

HR has to frame the Leave Rules keeping the interest of the Co. as also its employees.

I have framed the COMBINED Rules governing

all types of LEAVES,

Rules for Earning W/O,

SHORT & LONG LEAVE RULES,

Extra Work - Co-Off Rules, Application & Register

Reduction of Leave due to Absenteeism,

L.W.O.P.,

M.B. Rules,

P.L. Encashment + Appn.for Encashment-Forms+ Registers.

Leave Administration/ Management is an important HR function and a ticklish job not only for those who frame the Leave Rules but also for the HR Staff who have to administer them in their day to day works as they come into conflict with the employees when Leave Rule is not clearly spelt out. Each Co. Management frame the Rules to suite its Business needs & it varies from Co. to Co.,

However, it has to be Drafted/Framed within the scope of Rules framed under Factories / S&CE Acts.

Most employees try to save Leave (& they must save since that is what they’ll get - un-availed Leave as Encashment when they leave the Services). Same way; Company also want employee to exhaust the Leave to reduce Company’s burden/liability for Encashment when employee leaves the Service.

As the Urgency to take leave cannot be predicted, some employees will go in the middle of the week (say from Friday & return on Wednesday) as against a Planned Leave ( from Monday to Saturday) to save pre-fixing & suffixing Sunday/Holiday/Weekly Off. When the employee suddenly go due to urgency (in the middle of the week) & returns after 4-5 days, How to adjust the Intervening W/O. to save his W/O ?

SHORT LEAVE & LONG LEAVE Policy

HR can frame SHORT LEAVE & LONG LEAVE Policy so that needy employees will not lose his W/O in such critical time.

Only when LONG LEAVE is taken (Planned Leave), Intervening W/O will count.

Similarly, providing 2 Optional Holidays in the Holiday List for 2015 will help both Co. & its employees.

We have already Filed/Declared Holiday List with Factory Inspector, L.C., & Notice Board and we also have Rules to give W/Off as per Factories /Shops&Estt. Act. We also have Rules of Minimum days to work/(apply Leave With Pay) in a week to entitle an employee for W/Off. We have to have SHORT & LONG Leave Rules Policies so that the employee grievance of losing W/O due to taking short leave from middle of the week will not happen and HR will not be blamed for not framing proper Leave Rules.

Today, HR Dept. is becoming a target for Not framing / not implementing Progressive Leave Rules; although Leave Rules are available to take care of both Employees interest as also that of the Company.

I can assist in framing of all the Rules & Policies. I have served over 30 yrs in HR,IR,LEGAL&Admn. Works of 6 Mfg.Cos. and dealt with all situations, ISO Certifications, Consultants Works etc.,

I request you to provide me some details of the Company like Co’s. Name, Location, Your Mob.No., HR Dept.,staff, total employees strength, Products Mfd., etc., so that I can offer HR Consultancy.

Please provide your Email ID to send Consultancy proposal with all Policies to set up HR Dept., Frame SO, Leave Rules etc.,

Thanks.



HR Consultant & Advocate, Ex- AGM (HR&A),

# Rahaman Bldg., Chikkamaranahalli, Devasandra, BANGALURU, Karnataka, S.India. /

#.FS 478, Dr.Ambedkar High School, CM Lay Out , HIRIYUR

Mobile No. 9535470460 Email:

Email: , Qualification: BA,LLB, PGDPM, (MBA-HR),

Ex-Member, NIPM, Calcutta, Ex- Trainee-Member, Indian Institute of Management, B;lore.

Languages Known: All South Indian Languages + English & Hindi

Sunday's and National doesn't included in leaves. Many companies apply sandwich rule but it'll will applicable when there is an another casual day off. I guess they'll deduct just the leaves not more.
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Thanks, but tell me that the company shall paid me the salary of 26th as they follow the sandwich policy..means they are not giving me salary of sunday but they have to pay me for 26th..right
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