Umakanthan53
Labour Law & Hr Consultant
Nathrao
Insolvency N Gst Professional
Ashutosh Thakre
Hr Professional

Hello Experts,
One of my employee resign from his last company on 31st July and he joins my company on 3rd of August as 1st and 2nd August is our week off. Now after we credited his salary for 29 days, this employee ask us to pay for 1st and 2nd aug whereas he joins us from 3rd aug. He willing to join us on 1st aug but it is not possible for us to hire him from 1st aug as it is week off.
Please share your feedback.
Regards,
Mitesh

From India, Ahmedabad
Dear Mitesh,
Kindly explain to the employee, that the salary is always counted from the DOJ. So his salary would be from 3rd August and not 1st August.
Secondly, was it said in the offer letter that he needs to join on 1st August, even by mistake and then verbally told that as it is a week off join on 3rd August. If so then it is a mistake and miscommunication from the company and you should pay him the 2 days of salary for 1st and 2nd August.
Regards,
Ashutosh Thakre

From India, Mumbai
In the circumstances described above,the employee is entitled for 29 Days pay only.
He has joined on 3 Aug,no one is allowed to join on a holiday and then claim.
After all what is three days pay in comparison to starting his career on a questioning note.

From India, Pune
Dear Mitesh,
I don't think that there is anything worthy of expert's opinion in this simple issue. Employment/service of any employee in a particular organization commences only from the actual date of his reporting for duty/ of his joining stipulated in the appointment orders. No employer would ask a new entrant to report for duty on a holiday unless the circumstance so warrants. Anyway, the choice is normally with the employer. Moreover, weekly off arises only after rendering services in that week. So, the newly joined employee can not stake his claim for pay for any holiday or weekly off prior to his date of joining just because he was willing to join on the day of weekly holiday for the establishment.

From India, Salem
Make the new entrant understand that commencement of employment is from the day he / she joins, though you might have mentioned 1st August in the offer letter, and wage is paid subsequent to the number of days worked.
From India,
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