Dinesh Divekar
Business Mentor, Consultant And Trainer
Psdhingra
Legal Analyst, Hrm
Apex Management
Labour Laws Consultants
Shah.vishaal
Operations Head
DEEPAK KUMAR TULSI
Govt. Of India
Rdsyadav
Educator, Management Consultant & Trainer
SAIBHAKTA
Retired From Air India
Rajesh Kumar Dubey
Manager - Hr
Amlan_jimun@yahoo.com
Assistant Manager-hr
Chandreshpaliya
Asst. Manager - Hr
Vkey1904@gmail.com
Hr Generalist
+2 Others

Thread Started by #vkey1904@gmail.com

Dear Experts,
According to act/law, please let me know if any personnel is on leave for whole week (Monday to Saturday), his / her 7th day (Sunday) should be considered as weekly off or continuation of leave.
Your reply will be highly appreciated.
Vkey
10th September 2016 From India, Boisar
In our Company if a person is present one day in a week, Sunday is considered as weekly off. But if the employee remains absent for the whole week, then Sunday is considered as continuation of leave.
I think it depends on the policy of the Company.
Please correct me if I am wrong.
10th September 2016 From India, Bengaluru
Dear Vkay,
Applicant applies for specified number of days of leave. In the given case if the applicant has applied for six days, then we cannot include seventh day from side.
If the weekly off is on Sunday and if the person has applied for leave for six days from Monday to Saturday then the preceding Sunday is called as prefix and succeeding Sunday is called as suffix. In your leave policy, you need to clearly define the concept of prefix and suffix.
Overstay: - If a person has applied for leave from Monday to Saturday with one Sunday as prefix and another Sunday as suffix but he fails to report for duties on Monday. Instead he reports for duty on Tuesday. In such a case, he loses his suffix and the two days of overstay is called as "absence". If this absence is regularised, then his extra two days leave will be deducted.
Hope you have understood the concept of prefix and suffix.
Thanks,
Dinesh Divekar
10th September 2016 From India, Bangalore
If the person remain absent on before and after week off day (i.e Saturday and Monday) then his/her weekly off consider as leave otherwise present on any one day can be considered sunday as weekly off.
10th September 2016 From India, Ahmedabad
Dear Members
I have some different view based on legal point of view.
Weekly Off to any person is being given, if a person have worked on previous 6 days working.
If Not worked, he can not be given off and marked absent for particular off day.
In some company, they have framed a policy for Suffix / Prefix as suggested, but in case of continence of leave even 7th day, will defeat the object of policy and marked as leave.
Thanks
10th September 2016 From India
Dear VKey,
Don't try to keep the members in a guessing position. In fact your query is quite vague. Your query does not indicate whether you want to ask about daily wage workers or regular employees.
Please be clear first in yourelf. Thereafter it would be better, if you discuss the real problem, rather than asking an academic query, for which varied replies beased on guess of the individual members can confuse you more than guiding you.
11th September 2016 From India, Delhi
To avoid conflicts, lay down leave policy with clear definition of Weekly off and holidays. In your case, if office is open on Sunday, then count leave other wise it is a mandatory holiday not weekly off. Is it permitted to work on Sundays and take comp off on other day?
11th September 2016 From India, Madras
if weekly off come in between the applied leave period then weekly off is considered as leave. LOL (leave off leave) situation means all 3 days considered as leave.
12th September 2016 From India, Sonpur
Dear Seniors,
Request your guidance on this, as per above understandings which i have perceived it seems there is no specific law defined under shop and establishment act for leave of affix and prefix. Hence it is sole responsibility and discretion on the company policy. Please correct me if my understanding is incorrect. If there is any law stated then I request you all to please share the same if possible.
Thanks and regards.
12th September 2016 From India, Mahesana
mr raj dubey , I think you are missing the point that paid leave is considered as work period and therefore after six days sanctioned paid leave the employee does get his/her weekly off.
12th September 2016 From India, New Delhi
Dear member
Normally salary will be paid for 30 days in a month.( It will be for staff members)
Wages will be paid to workmen. ( The calculation will be for 26 days of work performed in a month)
In case of staff members, the 7th day Sunday will also be treated as leave day because he has not worked for 6 days in that week to earn/get weekly day with pay.
In case of workmen, the days actually worked will be the criteria for wage calculation. In normal course also, he will not get weekly wages as his wage will be calculated for 26 days of work.
12th September 2016 From India, Hyderabad
Dear Members

Standard Leave Policy Will Follow the Guidelines and Provisions of Different Act & Statutes

--> Earned Leave / PL = ( Governed By Factory Act / State Shops & Establishment Act)

Under the Provision of Factory Act (Sect 52 & 79 ) ,

On Actual Working of 20 Days, One Leave will be earned credited in employee's leave account.

The Manner How One Can Avail will be governed by Respective HR Policy / Standing Order's

provision. Generally PL will be counted if the leaves are required more than 03 days and needs advance sanction from the department. If the leaves are continued and any weekly Off / Holiday falls between two leave dates , the Off will also be counted as Leave unless the next day will be considered with working. ( Organization may form some separate Suffix / Prefix Policy in Case of Earned Leave)

Casual Leaves are only governed by Standing Order , there are no any provisions in Factory Act and Rules. Similarly Sick Leaves are governed by certified Standing Order of the Company.

( Generally Casual Leaves are availed in casual / urgent requirement and and be not more than 3 days in one time )
13th September 2016 From India
Dear all, I have gone through the views, opinions, observations, explanations and interpretations given by various members. The particular question of the "vkey1904" was "According to act/law, please let me know if any personnel is on leave for whole week (Monday to Saturday), his / her 7th day (Sunday) should be considered as weekly off or continuation of leave."

In this context, I would like to draw your attention on the subject by referring chapter VI section 52 of the Factories Act 1948 which governs and regularize the weekly holidays. The weekly holiday ordinarily falls on Sunday but employers can substitute for Sunday any of three days preceding or following under intimation to the inspector. The continuous working should not be more than 9 days.

Keeping in view of the intention of section 51 and 52, in my opinion, weekly off is admissible to a person who renders 48 hours working in a week. As such if a person remained on leave for Monday to Saturday he is definitely not entitled for paid weekly off on Sunday and Sunday will be counted in his leave. The Sunday will go in leaves irrespective of the fact whether the applicant has applied leave for Monday to Saturday or Monday to Sunday.

P K Sharma
13th September 2016 From India, Delhi
Dear friends,
As a matter of practice,in line with Standing orders, Service Rules and Factories Act 1948, Organizations allow three types of Leaves-Casual leave (CL), Sick Leave (SL) and Earned Leave or Privileged(EL/PL).First two types of Leaves-CL and SL are to be availed off, sanctioned in accordance with Leave Rules , to be classified and well defined in Service Rules or company's Standing Orders and Earned Leave (EL/PL) according to Factories Act.When it comes to write Leave Rules in Service Rules , employers very specifically handover along with Appointment letter a ready-made copy of Service Manuals wherein among various employment related aspects - entitlement of leaves , approval procedures etc are fully explained and announced as to how Leaves will be permitted/ refused .Service Rules are framed with basic aims and objectives that how employers will ensure and administer discipline , punctuality and attendance etc.
Here it comes fundamentals of Prefix and Suffix. Service Rules is signed by employee acknowledging at the time of his joining that he has read and understood.So it becomes rule binding for him, ofcourse a bilaterally signed agreement .
If prefix and suffix is there in Service Rules, it will be applicable as per the same.
I explain as a general practice how Prefix and Suffix are used broadly in companies. Suppose X has applied for 2 CL for Mon and Tuesday and Sunday is his w/ off, he is entitled and allowed 2 CL.In another condition, X applied for 2 CL for Fri and Sat but gentleman did not suppose reported on Monday, reported on Tuesday, then his Sunday and Monday will be counted as absent days. Here , he needs to apply two days leave not for one day.

Organizations where Standing Orders are applicable, or organizations have its own certified Standing Orders -Leave provisions are already applicable with signatures of employers and employees before his joining and a workman to whom the provisions of SO are made applicable, he also gives similar acknowledgement while he joins the company on day one.Standing Orders, as we all know, it contains clauses related to attendance , gate entry and exit, shift working ,misconducts, absence, discipline, punishments etc. In leave matters, again as explained above the management and employees have well written certified standing orders displayed over notice board at factory gate. If standing orders are not made applicable, then Service Rules are there . Normally, organizations of this age are observed having provisions of 7 to 10 CL and SL 10-14 days depending upon their age, capacity and policies.

Last comes to EL or PL.Entitlement of leave and sanction of same is in accordance with strict provisions of Factories Act. The working day or Leave days will be considered for payment.If you are absent on any working day, your leave application for absent days must be there duly sanctioned in advance by authority. It is earned leave, called so because employees are expected to earn, create Leave balance in credit then should avail off EL/PL.
Above is a broad guidelines in brief expected to be practiced by an employer.Though deviations and exceptions are there which can be explained based on its nature and extent wrt specific issues.

Regds,

RDS Yadav
Director,
Navtarang HR Services
and
Director-Future Instt. Of Engg. and Management Technology
navtaranghrs(at)gmail.com
13th September 2016 From India, Delhi
Certainly, the 7 th day will be counted Leave only. Why because, he has not worked in that week to earn weekly off with pay. one should work for 6 days in a week to get one day weekly off with pay
18th September 2016 From India, Hyderabad
Supriya
As you said it depends on the policies defined by the company. Dinesh Divekar and Rajesh Dubey have very cleverly defined it. I also have the same suggestion. I think VKEY, Mumbai your would have got a proper answer.
Thank you.
27th September 2016 From India, Vadodara
Well dis entirely depend on the prevailing leave policy of the company. But as per my knowledge is concern "In case employee has gone on leave from Monday to Saturday so in that case the succeeding Sunday ( if his/her regular off day) will be consider as W/Off. But if he/she fails to report for duty on Monday then the Sunday will be calculated as a leave day or absence day as the availability or approval of the HOD.
1st October 2016 From India, Dhanbad
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