Labour Law & Hr Consultant
Sr. Manager (p&a)
Hr Consultant
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Dear Sir/Madam,
I wish to know if the wages for employees are to be calculated on 26 days or 30/31 days? This is required as being a manpower provider, most of my employees are in minimum wages bracket and hence if daily wages is calculated on 26 then the gross salary is less if compared to 30/31 days.
In case of 26 days calculation, is the weekly off not considered as a paid holiday?
Kindly clear my doubts...
Navi Mumbai

minimum wages as per state rules per month divided by "n"
n= no of days , it may be 30/31/28 as per calander days or 26 ( net working days) , depends that per day wages rate is achieved by which method
in most "daily wages workers" payment is made daily , weekly or fortnightly, only final calculation is made on end of month, in that case the 26 days formula, i.e "no work no pay" is applied

When the employment is covered by the Minimum Wages Act,1948, the day of weekly off is a paid holiday. For the sake of clarity, one should refer to Sec.30 of the MW Act,1948 which deals with the power of Appropriate Govt to make Rules under the Act. Sec.30 (2)(f) specifically enjoins upon the App.Govt to provide for a day of rest in every period of seven days and for the payment of remuneration in respect of that day. That's why one can invariably find an explanatory note in every Minimum Wages Notification that to compute the daily rate, the monthly rate should be divided by 26 and to compute the monthly rate, the daily rate should be multiplied by 30. The principle of " No work no wages" has no application in the matter of wages for weelky off or weekly holiday for any scheduled employment under the MW Act,1948.
Respected Umaakanthan.M Sir,
With reference to your post I would like to ask if it is required to obtain a copy from labour office where it is prescirbed that the monthly days for calculation can be 30/31. I was unable to find any such document where it is particularly mentioned. Please guide.

Minimum wages in Maharashtra are declared for month. As such you can follow one of the two method: 1) divide minimum wages by 26 for one day's minimum wage. Pay them for the days employee works, excluding weekly off, 2) divide minimum wages by 30 for one day's minimum wage. Pay them for days worked & intervening weekly offs.
In case you pay overtime at double rate, it is advantageous to follow the second method.
Shrikant Prabhudesai

In most of the cases where MW Act is applicable it should be 26 days only. Moreover, if the company is following the wage structure as hourly basis or piece rates this 26 days shall apply. In all other cases, it is 28/30/31 days only without any change in the fixed salary for an employee/s.

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