Saswatabanerjee
Partner - Risk Management
Psdhingra
Legal Analyst, Hrm
Adoni Suguresh
Sr.executive (per & Adm)
PL Kanthan
Proprietor
+5 Others

Thread Started by #jainashish1

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,
Regard
Ashish jain
12th October 2016 From India, Jaipur
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.
12th October 2016 From India, Ernakulam
How many working days in a week make entitle to workmen for weekly off.
12th October 2016 From India, Chandigarh
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
12th October 2016 From India, Mumbai
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.
12th October 2016 From India, Ernakulam
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
12th October 2016 From India, Thane
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.
13th October 2016 From India, Chandigarh
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.
13th October 2016 From India, Jaipur
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.
13th October 2016 From India, Thane
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
13th October 2016 From India, Bidar
Dear Ashish,
Weekly off is a paid holiday and not leave. This is as per Act and Supreme court judgement that all employees whether monthly/ fortnightly or daily are entitled for weekly off . In case of monthly paid employee, an employee works for 26 days only and gets the salary of full month. For monthly paid employees per day salary is calculated dividing the wages by no. of days in a month. To give the benefits of weekly off to workers other than the monthly paid, wages are divided by 26 standard days.
13th October 2016 From India, Chandigarh
Jainashish
The working comes like this
Say your salary is ₹26000
Daily rate therefore is ₹1000 (26000/26)
If you worked all month with no LWP, you get full month pay.
If you were LWP for 2 days, you would lose pay for 2x1000 = 2000 and get a salary of ₹24000
You will deduct only for those days the employee is absent and leave without pay. If he is on paid leave, weekly off or paid holiday (e.g. National and festival holidays) then he will be counted as present for the above purpose, not absent.
Someone could say you will divide by the number of actual working days, etc, but that would create variable rates, and confusion in minds of the workers as to whether the money received is accurately computed. Therefore Supreme Court probably came with the formula of dividing by standard 26 days work month.
Hope that clears your doubt.
14th October 2016 From India, Mumbai
Dear Banerjee sir.
Assume if employee salary is Rs. 26000
PM that means 1000 per day. However the
employee was absent from saturday to Monday
Hence his 3 days salary should be deduct as per the leave policy. In
that absent there was sunday also (weekly off)
Pls clarify in this case weather his 3 days
Salary will be deduct inclusive weekly off
I.E. 1000*3 3000/-
Is it correct,
14th October 2016 From India, Jaipur
Dear Sir,

When we divide by 26. it means we have added payment of weekly off in the payment for working days i.e. for working 26 days, you get salary for full month amounting to Rs. 26000.

Now for your specific question for leave from Saturday to Monday. When you are dividing by 26, it means, you are not making payment for Sunday(Weekly off). Hence, no payment is made for Sunday, then no deduction arises. Further for Saturday & Monday are working days for which payment is made if duty is performed. If no duty is performed on Saturday and Monday, then no-payment. Hence, salary for only two is not to be made.

More precisely, person has performed duty only for 26-2=24 days for which salary is paid. Thus your observation is incorrect too much to observe Sunday for deduction and not for payment. In fact Sunday is free day neither payable nor deductible. In this system of calculations, public and declared holidays are to be treated as working days and paid.

I hope I am able to clarify.

Thanks

V K Gupta
14th October 2016 From India, Panipat
Mr. Jainashis,
Your supposition of 30 days in a month is irrelevant. Why not think about other months having 28 or 31 days? In that case would you apply some other formula than 26 days, i.e., 24 or 27 days to make calculations for different months?
The figure 26 is taken as the average number of days of a month for all the months of a year. As an executive, your convenience and simplification of work is also taken care of in the statutory Laws and Rules. Otherwise, you would have been feeling difficulty is applying different formulas in calculations every month.
14th October 2016 From India, Delhi
Dear Mr Dhingra
The system of dividing monthly salary by 26 is applicable where daily rated employees are kept and they are paid for actual working days even for working on Sundays, weekly offs etc.
Haryana Govt. while declaring daily minimum rate calculates while dividing monthly minimum wages by 26.
Thanks
V K Gupta
14th October 2016 From India, Panipat
Dear All Is there any rule/section governed by any law which stated that salary should be Devide by 26, if yes pls let me know the The same,
14th October 2016 From India, Jaipur
Jainashish,
First there is a Supreme Court decision made log ago, you can search in Google, I think it was in connection with gratuity computation. It then became a practice to use the same rule for computation of per day wages.
Second, almost every state notification on minimum wages gives this specific formala at the end. It specifies you need to multiply / divide by 26 to move from daily to monthly or vice versa.
Third, please check your standing orders to see if anything is specified with reference to computation of daily salaries.
15th October 2016 From India, Mumbai
Dear Mr. V.K. Gupta, Thanks for the information. But, I wonder with which context of my reply you have provided that information?
15th October 2016 From India, Delhi
Dear VK gupta ji.
In your thread in 14 you have mention
that when we devide by 26 it means we
have added the payment of weekly off
in working days?...
If an employee is absent for 5 days say
From friday to tuesday. As per the rule
Employee is entitled to avail weekly off
if he/she has worked 6 days in week as
He/she is absent for 5 & 6 days then
Employee will not be eligible for weekly
off hence we should deduct the weekly off
payment from his/her salary which we have
Added in working days.
Your view pls,
16th October 2016 From India, Jaipur
If you divide ₹26000 by 30 days of the month and by 26 days of the computation, you will see a difference of ₹133.33. This difference is being added to each working day's pay. Correspondingly it means for every day absent, the worker loses ₹133 more than his actual pay for that day. So, don't worry, by being absent for 6 days, he has effectively lost his weekly off.
It's a legal fiction that is now accepted as the base. Some individual workers may gain a minute amount in a certain month, but given the reduction in work load, it's worth it.
17th October 2016 From India, Mumbai
It is a very simple matter. When a monthly rated employees are paid the salary it should be divided by the calendar month of succeeding month where salary is due. The monthly rated employees are eligible for weekly day offs with wages after working of 6 days or 48 hours in a week. In case of leave without pay the same formula to be adopted for the purpose of payment of salary or wages. In case of daily rated workers or seasonal workers are eligible to receive the wages for the actual number working days worked where weekly offs are not eligible. This is the difference between monthly rated and daily rated.
Adoni Suguresh
Labour Laws Consultant
17th October 2016 From India, Bidar
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