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Asso.prof.(commerce & Management)
KK!HR
Management Consultancy

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If an employee give resignation to the company on 31st August & he was serve under one month notice period, when we are release the salary for September the working day would be 1st to 29th and the 30th last day of the month fall on sunday, in that case whether we should pay the salary for 30 days or 29 days. request you to clarify the same. If there is any case law is please share.
regards
Balaji. N


You have to give effect to the "date of relieving" him for the salary purpose also. For eg. if your relieving letter states "relieved on Saturday, 29th Sept." you may pay for 29 days (even here also he is entitled for a day of paid weekly holiday). Alternatively, in order to account for 30 days notice period, if the date of relieving is stated as on 31st Sept. then you may pay for 30 days, which sounds logical because Sunday being a weekly holiday there is no question of "working" for an out-going employee, in any case an employee should be given a day of 'paid weekly rest' which is suffixed and is in order.
From India, Bangalore
The employee is physically relieved from service on 29th September but the notice period is for one month. So the employee continues to be notionally on the rolls of the establishment on 30th and is entitled to be paid for 30th September. There are clear Government Rules (GOI) in this regard. You can apply the same principles but not able to recollect any case law in the matter.
From India, Mumbai
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