Dinesh Divekar
Business Mentor, Consultant And Trainer
Umakanthan53
Labour Law & Hr Consultant
+3 Others

Dear seniors,
In case in a factory suppose one day declared as off by the employer due to loss of his family member how would we calculate salary for the month ? wethere it will be deducted from total working days or to be included and absent will be mark for that day?
Kindly suggest.
Regards
Parul
20th August 2015 From India, Pune
Dear Parul,

There is a mismatch in the heading and main body of the post. Heading says "Casual off in the premises" however, for this "casual off" you project your desire to forcefully deduct the wages of the employees.

The employees who reported for their duties, on what grounds you would like to mark them as "absent" and deduct their salary? Is death of family member of the employer is valid reason to forcefully mark someone as absent?

Death of family member of the employer is his personal matter. Why it should have bearing on the organisation? There was no reason to declare the holiday. If the holiday was declared then it should be considered as paid holiday. Declaration of holiday without due diligence and then deduction of wages for the said period would be grave injustice with the workers. [I]What you are proposing is nothing but flightiness which has has place in running an organisation.[/I

Thanks,

Dinesh Divekar


21st August 2015 From India, Bangalore
""Death of family member of the employer is his personal matter. Why it should have bearing on the organisation? There was no reason to declare the holiday. If the holiday was declared then it should be considered as paid holiday.""
Learned member Shri Dinesh has put the issue in correct perspective.
Death of a family member is a personal tragedy.
Company can be sympathetic and give a PAID off and maintain a record in his leave card.
No pay deduction should be made in any case.
21st August 2015 From India, Pune
Dear Sir,
There is not my desire to deduct workers salary I have put both the option over their ,but how will we declare that as a paid holiday when there are very few holiday under factories act.
Regards
28th August 2015 From India, Pune
Dear Friend,
I am not able to understand the idea behind your follow-up question in spite of the clear-cut and logical answers already given by the two learned friends. Can you tell me whether the Factories Act,1948 forbids the grant of any leave or holiday over and above what it has prescribed? Death of some one in the family of the employer is an unfortunate incident and the declaration of off to the workmen on that day might have been actually due to the non-functioning of the establishment as a mark of respect to the departed soul and enable the workmen to attend the funeral as a gesture of their bereavement as well. Laws are not God-given but only man-made. So, exceptions are always there!
31st August 2015 From India, Salem
You can declare that day as paid holiday the day when employees were given relief out of work because of somebody's death. If you do deduct wages, by marking absent, you will be in trouble.
Coming to your second question, it may be said that labour laws direct employers for minimum benefits. Employers are will be in trouble if they provide less than minimum benefits.
It is said there that workers should not work more than 8 hours, you may let them work for 6 hours. You have to provide for a canteen, none stops you if you start a five star hotel for them in factory premises or bring quality food packets for every worker.
But if you get them work overtime, and you won't pay them overtime wages, then you are screwed up.
31st August 2015 From India, Kolkata
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