Umakanthan53
Labour Law & Hr Consultant
+1 Other

#Anonymous

For a startup,if an employee takes 3 weeks at a stretch leave.How will be the salary calculated for that one month .Should he be given 1 week salary plus 3 sunday's salary?What will be explanation behind adding or excluding the salary for Sunday?
31st January 2018 From India, Bangalore
" Leave of three weeks at a stretch " means availing of earned leave or privilege leave by the employee after prior approval as the case be. In such a case, the two Sundays falling just before the first day of leave and just after the last day has to be prefixed and suffixed respectively as paid holidays and the intervening Sunday is to be included in the number of days sanctioned as leave; so is the treatment if all the three Sundays are intervening days.
On the contrary, if it is leave on loss of pay, no question of payment of salary for the Sundays for they are merged with the entire stretch of leave on LOP.
1st February 2018 From India, Salem
It is really so good of you to respond and guide me through my query.Would appreciate if you keep guiding me further on HR .
1st February 2018 From India, Bangalore
It is presumed from your posting that your establishment does not have Leave Rules or Standing Orders, which generaly gives the explanation. Now it depends how you calculate earned leave of your employees. If you are calculating weeky off days along with actual working days for earned leave, then while some one is availing leave and weeky of days is associating will treated as leave.
It is better not to get confused rather follow the explanation provided by Mr Umakanthan & self, which you feel comfortable. My suggestion is to frame the Leave Rule to avoid future confusion.
2nd February 2018 From India, Mumbai
Agreed completely with Mr.Prabath. Statutory leave provisions would only reflect the scales,types, periodicity, eligibility conditions, method of calculation, the extent of accumulation etc., of various types of leave to be granted. Incidental modalities like maximal length of a single stretch of leave, prefixing and suffixing of holidays, clubbing of various kinds of leave on certain occasions, conditions for sanction and recall on the exigencies of work and the like have to be found in the leave regulations of the organization only. It is, therefore, imperative that separate Leave Regulations should be framed irrespective of the size of the establishment and made known to all the employees.
2nd February 2018 From India, Salem
Dear all professional colleagues,
The trend of querist not giving basic and material data is increasingly seen. This results into seeking avoidable clarifications and even at times giving misleading advice. Therefore, I suggest following points of basic details which must be provided by the querist for quality advice.
- Designation of the poster
-. Nature of industry, whether factory or Commercial Establishment
- Location of the factory/ offices
-. Employee strength, no of workers, staff and Executives
- whether have union or no union
-. Covered under which state 's Min Wages Act and have Model SOs or certified SOs
- Any other data relevant to the issue/queries being raised.
If some such standard format is followed by each querist it is going to help a lot for seniors to share value-added opinion.
Request your views.
Regards
Vinayak Nagarkar
HR-Consultant
3rd February 2018 From India, Mumbai
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