Madhu.T.K
Industrial Relations And Labour Laws
Kherashish
Hr Manager
+1 Other

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Dear All, If an employee is absent Half day before the weekly off and also absent full day after the weekly off. is he eligible for the payment of that weekly off. Kindly suggest. Regards Ashish
From India, Nashik
Weekly off pay matters only to daily rated workers. As per law, an employee is entitled to one day off with pay if he had worked for 6 days continuously. If he has worked only for 5 1/2 days, naturally, he cannot get weekly off pay. Again, in the next week, if he is absent on Monday, he would be working for 5 days only and therefore, for that week also, he will not get weekly off pay.
Madhu.T K

From India, Kannur
Respected Madhu sir,
As per factory act, an employee is entitled to one day off with pay if he had worked for 6 days continuously. but in if the employee works for 5days he is not entitled for weekly off inthis way if sunday is considered is working days then he will work continously for 11 days as he will get his wo on next sunday.
secondally, suppose in a month there are 26 days and 4 sunday and if an employee remains absent for one day every week as he works only 5 days a week he will not br entitled for any sunday. in this way if we calculate his salary
salary/30 x 22
but as pet the payment of wages act his salary should not be less than the salary of his workinh days
salary/26 x 22
please explain
regards
dinesh kumar

From India, New Delhi
I did not get you properly. If one worker works for 5 days, he will not get weekly off pay. Suppose he works on Sunday, he will get one day wage for that day and counted from that Sunday, if he works for 6 days, next day will be a paid weekly off for him. The Act does not say that Sunday should be the weekly off but only says that one should get one day rest after every six days work and one should not be employed continuously for more than 10 days without any off.
What are Salary/30 X 22 and salary/26 X 22?? Is it that you first fix a monthly salary for daily rated workers and then divide it by 26 or 30 in order to get the daily rate? Why don't you fix the daily rate first and pay it for 7 days if he is continuously employed through the week or to the days present in case he does not work for 6 days continuously in week?
Madhu.T.K

From India, Kannur
Sir,

I am explaining here the whole picture:

Suppose Sunday is Weekly off in a factory, now an employee works from Monday to Thursday continuously and he remains absent on Friday again he works on Saturday. Now as he worked only 5 days then he is not entitled for a weekly off i.e. Sunday. Now if he works Sunday then from Saturday to Next Saturday he works continuously for 7 days without a rest. That is against the law or we have to give him a rest on Saturday.

Secondly I am extracting something from a book by H.L. Kumar

"what will be the position if a worker does not work for 5 days. Will he entitle for a weekly off

Ans: "........as per the provision of section 9 of Payment of Wages act the rate of daily wages of a monthly rated worker, is calculated by dividing the rate of monthly wages by the number of working days a worker is required to work in a month. Assuming the rate of monthly wage of a worker is 2600 and month comprises of 30 days (26 working days and 4 weekly off) his daily rate of wages is Rs. 100 per days.

Now if the worker works only 22 days out of 26 days then he will not be entitled for a 1 weekly off then he will get the wages for 22+3 = 25 days = 2600/30*25 = 2167 as per the monthly rated formula

But as per the section 9 of payment of wages act as above said we should have got = 2600/26*22 = 2200 which is higher from the last one.

Regards

Dinesh Kumar

From India, New Delhi
If one works from Sunday to Saturday, ie, 7 days, there is no illegality. It becomes illegal when he is asked to work for more than 10 days without any off. Therefore, give him Off on Sunday and then again engage from Monday onwards.
Monthly rating and daily rating of wages are two different wage patters. Dividing the monthly wage by 30 or 26 is done just to find out the average rate of wages per day for different purposes, like overtime calculation, leave encashment, gratuity calculation etc. If you have a fixed daily rate of wage, that is the wage for one day and the multiples of it will become his monthly wage.
Madhu.T.K

From India, Kannur
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