Authorized paid leave has to be treated as duty only. Therefore, such an employee on authorized paid leave for a consecutive spell of three or four days within the week is eligible for the weekly off as usual.
From India, Salem
suman-koulSir, I have a question here, - If one employee has taken an off from Monday to Thursday ( 4 days in one week) in this case did the employer has the right to cut the employee's salary for Sunday too?
As in one case, I took an off from 20th June( Monday) till 23rd June ( Thursday) but I was working on 24th ( Friday) and 25th ( Saturday)- My employer had deducted my salary for 5 days ( 4 + 1 Sunday)- Is this a rule under labor act? Can they deduct my salary in this case?
From India, Delhi
nanu1953Even in case of leave without pay for 4 days, question does not arise to deduct salary for 5 days. This is wrong practice. So far my knowledge goes there is no such rule under labor acts ( You may check S & E act and rule of your State ) It is probably is the organization's leave policy.
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From India, New Delhi
rkn61Please share more details. Please also share more information about your company and your role (in which capacity /position are you working there and how long have you been working?
From India, Aizawl
Madhu.T.KIn no case the preceding sunday shall be treated as leave. There are confusions regarding the weekly off day or holidays coming in between leave days. And it is common that, if you follow Factories Act and the leave applied is Earned leave, then the weekly off day coming in between two leave days should be treated as weekly off only and the employee's EL should not be debited. But when your leave started on a Monday how can the employer deduct the salary of the preceding weekly off day,ie, the Sunday? It is not possible.
From India, Kannur
prashant.deshpandeWith respect to all senior members opinion its true that no where in the Act mentioned about to deduct / debit salary of preceding day i.e. Sunday. So if the employer has done so its illegal and its an unfair practice.
From India, Pune
firstname.lastname@example.orgNo,he is not eligible for Sunday off as he was not present in last 3 or 4 days as per my knowledge.
From India, Delhi
rkn61If a person is daily-rated employee, Sundays (if he has not worked for Sunday) can be excluded alongwith other leave days, while computing his/her wages. But if he is a monthly-rated employee, his/her salary includes for Sundays (weekly-off day) also. So, if he /she availed leave for Monday to Thursday, the preceding Sunday need not be deducted.
(If he/she has leaves in his/her credit, no deduction can be made from his/her salary)
From India, Aizawl
JAWAHAR LAL MOONDRASunday or any other day known as weekly off is statutory requirement under all laws be it The Factories Act or/and Shop & Establishment Act.
However the many of the employees make misuse of this facility by remaining on leave for 3/4 days in any week and then claiming one full weekly off. Some times it has to be given under pressure because of the capability of the working staff.
This causes loss to organization in terms of money and discipline among other staff members.
Therefore we have started using the following formula for making payment of salary/wages -
Total number of days in a month - 30
Total number of Sundays in a month - 4
Total number of net working days - 30 (-) 4 = 26
Monthly Salary of Staff Member - Rs. 26,000/- Per Month
Daily Salary of Staff Member - Rs. 26,000/- Per Month / 26 = Rs. 1,000/- per day worked
No of Days actually put in by the Staff Member - Say 17 Days
Salary Payable - Number of Working Days put in by Staff Member X Daily Salary of Staff Member
Salary Payable in present Case - 17 Days x Rs. 1,000/- = Rs. 17,000/-
The above method of calculation takes care of payment towards proportionate weekly holiday earned by the Staff Member for the number of days actually put-in.
This system has find approval from Staff, Administration and Owners of the Organization.
One may just try introducing the above system in their organization.
From India, Jodhpur