Madhu.T.K
Industrial Relations And Labour Laws
Tsivasankaran
Consultant
Ed Llarena, Jr.
Owner/ Managing Partner
S. Krishnamoorthy
Director Of Private Ltd. Companies
Gvivekraj
Hr- Payroll
Raj Kumar Hansdah
Shrm, Od, Hrd, Pms
Rajeevdixit
Hr , Personnel & Admin
Saphr_rajesh
Hr Executive
Puneetashokjain
Service, Asst. Manager
+3 Others

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Dear All, Good Afternoon.
One of my friend is working as a staff and getting the salary excluding sundays/ Weekly Off, i.e. Rates are fixed for 26 or 27 days, though he is a monthly paid. Is there any regulatory requirements for the same? Can it be done as a practice??
The only loss due to this is Unpaid leave, by which the one day salary deducted is more than actual monthly paid salary.
Please guide how to stop such practice??
Regards,
puneet

From India, Ajmer
Dear friend
In fact this is the correct practice. 26 days as a standard practice will be better. It can not be 26 or 27 days.
Once you follow this, then you also should not count the leave falling on sundays . If a person takes leave say for seven days, then it must be Monady, tue , wed, thur, fri,, sat and mon and he will resume work on tuesday.
Siva

From India, Chennai
Dear Siva,
Thanks for your reply, but the depth of question is whether it is permitted that the payment is calculated for 26 days instead of 30? In my current & previous organization also we are calculating the salary for 30 days.
Sundays are paid in 30 days calculation but when we opt 26 days sundays will be left unpaid.
How to overcome the situation.
Regards,
Puneet

From India, Ajmer
Dear Friend
Again at what level you are looking at?
If it is at workmen level, keep iut 26 days. That helps. Because you dont call them on Sundays and even if you call them you need to pay OT.
For others, as a rule we follow 30 days. These supervisors should not feel that they are not paid on these days when they are called to work on these days and we dont pay OT for them.Even assuming that we give them Comp off, then it is easier to give one day comp off as they arfe already paid for that day.
Follow 26 days for workmen for whom you pay OT
Follow 30 days for supervisors and above. Dont have two ruels like 31 days and 30 days and 28 days. Follow on rule of 30 days for calculating per day salary.
I do not need to repeat here that for gratuity we always follow 26 days
Siva

From India, Chennai
Dear Friend,
According to the Labour Laws/Rules of Government of Tamilnadu, the basic wages of an employee are to be calculated as follows:
P/(N-S+H) x No. of days present
P= Monthly Gross Pay
N= No. of days in a month
S= No. of Sundays in a month
H= No. of Holidays in a month
Example:
Monthly Gross Pay = Rs.3500/-
No. of days in the month: = 31
No. of Sundays " = 5
No. of Holidays " = 1
No. of days present (the employee on duty) = 25
With regards
S. Krishnamoorthy
=3500/31-(5+1) x 25
=(3500/25)x25
=3500

From United States, Roslindale
Dear Mr Krishnamurthy
It is an interesting info. But is it for Govt employees? or for industrial employees?
Is there any such notification? Obviuosly such a procedure can not be passed by a notification.
I would appreciate you throwing more light on this subject
Siva

From India, Chennai
Dear Shri Siva,
This has been notified by Govt. of Tamilnadu while announcing the minimum wages for industrial employees including those coming under Tamilnadu Shops & Establishment Act.
Regards
S. Krishnamoorthy

From United States, Roslindale
Puneet,
There is no norm as such, but there a few companies pay them as OT ( over time) which includes the extra time the employee has worked, and nigh shift allowances. These are the allowances that the employee will be getting. But salary employees are paid for the days they have worked!!
Regards,
Vivek

From India, Bangalore
Thanks a lot sir (s).
I agree with Sh. Siva, that the salary should be paid for the full days of the month, i.e. 30 or 31 (in case of Feb. 28 or 29 days), to the staff members. My question was for the staff personnel only, as in worker category we pay monthly as well as daily wages.
But what all wanted to know is, whether there is any legal boundation to calculate the pay for 30 or 31 days for staff members in the month. Like for workers Minimum wage notification is there or Govt. provides us the notifications for wage calculation, is there any regarding salary calculation?
Once again thanks a lot for your valuable support.
Regards,
Puneet

From India, Ajmer
Hi,
There is no direct legality in this.....But Shops and establishment act says that you have to pay for a weekly off after every 6 working days and if the employer is doing so than it is not illegal. But pratically it is not possible to calculate the salary for 26 or 27 days becaz of this ..... So if he is working for 26 days he will get salary of 30 days.
But only concern in this is that he should be on the payroll of the company or any other organisation (Contrator as well).
If you see the shops act you will notice that it is based monthly calculations. So, if the person is give it on some other calculations there is chances to may mistakes and create illegality indirectly.
This what I think about it.
Well let me know further regarding this if you get some info.
bye, Regards,
Sandeep K.

From India, Vadodara

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