Chef Director Sales Marketing
Dear Experts CiteHR,
We have a tricky situation and need a resolution for the following scenario.

"One candidate joined our company on the 2nd of May 2022, with a monthly remuneration in the Middle Management Group.
Now on the completion of the month, the HR department computed his salary and paid one day less to him. He considers that HR might not have considered Sunday 1st May, as he's entitled paid holiday. The said employee's concern reached my desk and expected a satisfying and convincing solution and protect the employee and the HR and make them understand a lesson learned from such a situation.

I will be happy to receive:
-Help on the monthly computation of salary, by our team - reasoning to support HR in this regard.
-Consideration of paid Sundays in our scenario.
-For the paid Sundays - a supporting regulatory document that can confirm that Sundays have to be considered in the final payment. (please note, 1st May was Sunday in May 2022)


PROFESSIONALS AND BUSINESSES PARTICIPATING IN DISCUSSION
Umakanthan53
Labour Law & Hr Consultant
Rkn61
Hr Manager
Suresh2511
Labour Consultant
Ommygautam
Plant Hr Head
Abhishek-dhingra1
Labour Law Advisor And Legal Consultant
Saleem Raza
Manager Finance
Chef Director Sales Marketing
Director Sales And Marketing

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rkn61
563

Computation of salary by your HR Deptt for the newly joined employee, is perfectly OK.

All weekly off days (Sundays, for that matter) are paid holidays for a monthly rated employee. But the said employee joined services with your company on 2nd of May 22. In such a situation, why your company should pay him for 1st of May 22?

From India, Aizawl
umakanthan53
5922

I think that the observation of Mr.Nair cannot be refuted.
The service of an employee in an organization commences only on the exact date of his joining and he is entitled to the benefits of employment like holiday,leave or salary only from the date of his joining irrespective of the mode of payment. Just because being hired on monthly salary basis, the employee cannot claim any benefit retrospectively prior to his actual date of his joining; like salary, right to enjoyment of weekly holiday also accrues proportionately since the date of joining only. The situation explained is self-explanatory on common sense basis and as such no other proof is required.
I also think that probably the newly joined employee might have based his contention on the wrong understanding of the provisions of section 52(1) of the Factories Act,1948. Even otherwise, the noteworthy feature of weekly off under the Factories Act,1948 is that it is not a paid holiday.

From India, Salem
suresh2511
239

Dear Subodh Jee,

Sarvashri Nair and Umakanthan jee have provided detailed responses to your query.

I'd like to know the exact wording of his Offer letter out of curiosity. If his offer letter states that you will join us on or before May 1, 2022, he is eligible for a full month's salary because his position is that he would have joined on May 1, but your office was closed.

Kindly verify.

Regards,

Suresh

From India, Thane
Chef Director Sales Marketing
Dear Sarvashri Nair, Umakanthan Ji, and Mr. Suresh,
Thank you very much for the detailed response.
This will definitely be helpful for HR and the employee to know the regulatory facts.
Importantly, this will help the employee to start working without any doubts in his mind.
Thanks once again.


ommygautam
66

An employee, if he resigns ( left the company) immediately before the holiday or joins immediately after the holiday, will get salary only for the number of days he worked.
From India, Rudarpur
suresh2511
239

Dear OBG,

I hope you mean the holiday as a day off or a weekly off.

In general, an employee is eligible for WO if he works the entire week (5–6 days).

The employee is not entitled if his resignation is accepted and relieved on the last working day before the holiday.

It is recommended that the employee leave the organisation after working at least one day immediately following the weekly off.

The prefix holiday is not payable to the new joiner because he joins the organisation after the WO.

Regards,

Suresh

From India, Thane
abhishek-dhingra1
2

As the employee have not joined your company on 1st of the month alternatively his appoint is from 2nd of the month as per his appointment letter. Therefore HR Department have computed his salary right.
From India, New Delhi
Saleem Raza
1

Better correlate this situation with his appointment letter / contract, if issued.

If he has been advised in written to join the duty on first of May, he is eligible for one day pay irrespective of off-day.

If the letter / contract is silent or he hasn't been issued yet any such letter, he isn't eligible for pay for first May.

From Pakistan, Rawalpindi
shrs1
1

Since the employee joined as of 2nd May 22, there is no question of providing any salary for 1st of May 22. all salary and employee benefits of the company starts from the date of joining. There is no Labour Law which says that you have to provide salary to the employee before the date of joining.

From
Radius Enterprise Solutions, Mumbai.
We provide HR & Labour Law Compliance Management Services to different companies in Mumbai and outside Mumbai.
For more details you can go through our website- https://square-jobs.com/hr-services/
Email ID-
Mob no- 9819228732

From India

If you are knowledgeable about any fact, resource or experience related to this topic - please add your views.








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