If an employee takes leave from Monday to Saturday, is he entitled to a weekly off? Does the employer have to provide weekly leave?
From India, Coimbatore
From India, Coimbatore
PROFESSIONALS AND BUSINESSES PARTICIPATING IN DISCUSSION
Hi
Leave entitlement is different from weekly off. While Monday to Saturday leave will adjusted against accumulated leave balance(subject to availability) Sunday to be considered as routine weekly off. However if the Employee extends the leave on Monday as well then Sunday will not be considered as weekly off and to adjust against leave balance(sandwich leave).
From India, Madras
883Leave entitlement is different from weekly off. While Monday to Saturday leave will adjusted against accumulated leave balance(subject to availability) Sunday to be considered as routine weekly off. However if the Employee extends the leave on Monday as well then Sunday will not be considered as weekly off and to adjust against leave balance(sandwich leave).
From India, Madras
The principle is that a week is to start with a weekly off. A paid weekly off is to be allowed at the beginning of the week and the 5/6 working days follow thereafter. A weekly off is to be included in the leave days where it is sandwiched between two days of leave.
From India, Mumbai
From India, Mumbai
If the leave concerned is the one as per Factories Act, then the weekly off intervening two leave days, ie, Saturday and Monday should not be treated as leave. The logic behind this principle is that in the next year, an employee is made eligible to annual leave with wages on the basis of his pay days and the number of leaves that he will earn is on the basis of the number of days' the employee has physically worked. Where ever the leaves under the Shops and Commercial Establishments is based on this principle, say for 240 days worked in the previous year and one leave for every 20 days worked etc, then the leave should not be combined with weekly off. The Factories Act has provided an explanation in this regard in section 72.
From India, Kannur
From India, Kannur
Madhu-ji, sec 72 is about working period of children.
I do not see the explanation you are referring to.
Can you please clarify?
Also, I believe '1 day for every 20 days worked' does not mean days physically worked but the number of days he was employed in the firm, so it should include weekly off and holidays. In fact, it should include paid leave also.
Can you help me understand where in the act (or by implication) it says that we need to take only physically present days. I am having this dispute in a client's office also
From India, Mumbai
I do not see the explanation you are referring to.
Can you please clarify?
Also, I believe '1 day for every 20 days worked' does not mean days physically worked but the number of days he was employed in the firm, so it should include weekly off and holidays. In fact, it should include paid leave also.
Can you help me understand where in the act (or by implication) it says that we need to take only physically present days. I am having this dispute in a client's office also
From India, Mumbai
Actually, Factory Act says that a person is entitled to weekly off for every 6 days of continuous working.
So if the person has not worked for the entire week, logically he does not get paid weekly off either.
The question is whether the days he is on approved paid leave is included in 'Days Worked' or only days he is physically present is included. Your answer will change accordingly.
I have asked Mr. Madhu, I will wait for his clarification
From India, Mumbai
So if the person has not worked for the entire week, logically he does not get paid weekly off either.
The question is whether the days he is on approved paid leave is included in 'Days Worked' or only days he is physically present is included. Your answer will change accordingly.
I have asked Mr. Madhu, I will wait for his clarification
From India, Mumbai
Sorry, it is section 79. Please read the explanation 2 to section 79 as follows:
Explanation 2.—The leave admissible under this sub-section shall be exclusive of all holidays whether occurring during or at either end of the period of leave.
Now regarding the on day for every 20 days, I would like to state that it is for eligibility that we take 240 service. That will include all weekly holidays, holidays and leave with pay days. It shall also include lay off days, days on which the employee was absent due to employment injury. But for these weekly off days, holidays etc, the employee will not earn leaves. That means, for counting the number of days' leave one has earned, the days he has physically present only will be taken. Please see the explanation 1 to section 79 as follows:
Explanation 1.—For the purpose of this sub-section— (a) any days of lay off, by agreement or contract or as permissible under the standing orders; (b) in the case of a female worker, maternity leave for any number of days not exceeding twelve weeks; and (c) the leave earned in the year prior to that in which the leave is enjoyed, shall be deemed to be days on which the worker has worked in a factory for the purpose of computation of the period of 240 days or more, but he shall not earn leave for these days.
Please see the last words,,,,, " but he shall not earn leave for these days".
Hope it clarifies your doubt.
From India, Kannur
Explanation 2.—The leave admissible under this sub-section shall be exclusive of all holidays whether occurring during or at either end of the period of leave.
Now regarding the on day for every 20 days, I would like to state that it is for eligibility that we take 240 service. That will include all weekly holidays, holidays and leave with pay days. It shall also include lay off days, days on which the employee was absent due to employment injury. But for these weekly off days, holidays etc, the employee will not earn leaves. That means, for counting the number of days' leave one has earned, the days he has physically present only will be taken. Please see the explanation 1 to section 79 as follows:
Explanation 1.—For the purpose of this sub-section— (a) any days of lay off, by agreement or contract or as permissible under the standing orders; (b) in the case of a female worker, maternity leave for any number of days not exceeding twelve weeks; and (c) the leave earned in the year prior to that in which the leave is enjoyed, shall be deemed to be days on which the worker has worked in a factory for the purpose of computation of the period of 240 days or more, but he shall not earn leave for these days.
Please see the last words,,,,, " but he shall not earn leave for these days".
Hope it clarifies your doubt.
From India, Kannur
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Office Order regarding Maternity Leave for Contractual employee as per Amendment Act 2017.pdf