Partner - Risk Management
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Adoni Suguresh
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PL Kanthan
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Hi Seniors,
I need your valuable guidance as to
Weather weekly off is paid leave or not
If so? Why we calculate salary devided by 26
Instead of 30 if 26 formula is correct according to this formula weekly off would not be paid leave,
Ashish jain
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weekly off a perquisite required by law to be provided by employer at his cost. It does not form part of salary just like rent free accommodation, Leave Travel Concession etc.
On the other hand salary or wage is paid as consideration for work. Hence division by 26 is logical.
How many working days in a week make entitle to workmen for weekly off.
Weekly off is a paid holiday required by law to be given for every 6 days of work.
However, in order to make the working easier, the cost of the weekly off is absorbed in weekly days when computing the per day rate. So you take the month and divide by 26 and multiply by the number of days actually worked. If the person was absent on days other than weekly off, it would be computed as LWP. But the days of weekly off would be automatically included due to division by 26. This is a standard formula that was originally prescribed by Supreme Court and then adopted under other laws Like minimum wages
A week as per Factories Act begins on Sunday or weekly holiday. After availing weekly holiday a worker works for next six days. In order words an employee avail perquisite of weekly holiday on the first day of week to work on remaining 6 days unless absence on any is treated as leave by employer.
Dear Mr.Ashis Jain
Under Minimum Wages category ( for workers working on Contract basis), min. wages declared by State/Central governments include wages & allowances for the day of weekly off. Hence, it is divided by 26 instead of 30. Indirectly, Sundays are paid holidays.
Hope I have cleared your doubt.
good day
Dear Mr PL Kanthan absent means unauthorized leave. We are talking about monthly/fortnightly/weekly paid employees. It may not be treated as leave with or without wages. However it is clear in the Act that worker should work six/all working days in the week to get weekly off, but it is against the natural justice. By seeing it what would be done.
However according to Mr. Cnsejero 3, if weekly off falls on 1st day of week and one remains absent for whole month, he should be paid one day salary of weekly off. However I think it is right, because we pay weekly off after expiry of the week.
Dear All Still my doubt uncleared suppose The month of 30 days if we devide by 26 then how the weekly can be paid leave given by employer. 30 days-4 weekly off 26, Pls clarify with an example.
Dear Mr Anand, Payment for the Weekly Offs are already included in other days wages and hence, no separate payment is involved for Weekly Off.
Weekly holiday is a paid holiday. It is not a leave. Your question is why we are dividing by 26. When we are calculating the wages for leave without pay then divide the salary by 30 or 31. When we are calculating the wages per day for the purpose of overtime or Annual leave with wages then calculate divide by 26. This is as per the normal procedure in terms of Payment of Wages Act.
Adoni Suguresh
Labour Laws Consultant
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