No Of Days For Wages Calculation :- 26 Days Or 30/31 Days According To Labour Law

Dear sir,
AS per law, after every 6 days, there should be as Off, which should be as paid Holidays, which means 26+4
Jeevajothi k
Complainces Executive.

The Factories Act provides for weekly off ,not wages for the weekly off.
Varghese Mathew

Dear Seniors,
The Daily Rate under Minimum Wages Act are fixed taking into account 6 days working in a week & the wages for the 7th day i.e., Sunday is included in the Daily rate thus fixed. this is for the Daily Rated employees whose no. is more in un-organised Sectors like Mines, factories especially those working as Contract Labour under different Contractors. Thus; for arriving monthly wages, the no. of days is taken for 26 days excluding the 4 Sundays; whereas for monthly salaried employees, benefit is calculated for 30 days basis. Hope, it is correct. Request Seniors observation & comments please.
[Login to view] 10.7.2014

Dear Neetu,
It is clear "Weekly Off" & "National Holidays" are our own besides some "Festival Holidays" as approved by Government. Fact is that, Calculation asked by you is always @26 but, it is a bad practice and tendency of the Industrial personnel who calculate @ 30. Everybody knows
all the benefits are to be paid @26 of working then why calculation of salary is @ 30,31 or 28 days of the month.
That's why a Daily wage worker always being paid excluding Sundays.
Regards
TEJPAL NEGI

Dear Neetu,
As per min wages Act , the daily wages are given. An employee working for 6 days is eligile for for a paid off on the seventh day. so the total wages is for 7 x 4 = 28 days plus any additinal days worked in the month. In effect it daily wages into 30/31 days. For calculation of any allowances etc only the working days are taken into consideration and that is 26.
Thanks and Regards

Wages Payment means for the working days in a month. Therefore 26 days per month calculation is good.
Payment of 30/31 days is also not wrong. As per the policy of the institution, the payment is being made for 26/30/31 days as the case may be .
As per the Payment of wages/Minimum wages Act, the calculation will be 26 days only.

Dear Neetu,
The minimum wages are arrived at by dividing 26 days, therefore, it is advisable to take 26 days as basis
for calculating the wages for the purposes of leave encashment, OT, etc.. However, no where it is mentioned under any labour laws.
rgds,
Madan Singh
[Login to view]

Dear Friend,

Find below clarification with regard to your query:

a) To arrive at daily rates, monthly rates, will have to be divided by 26 , and to arrive at weekly rates, daily rates will have to be multiplied by 6,

b) A normal working day shall consists of 8.30 hrs. including interval for half an hour for rest,

c) One day in any period of seven days as may suit the local convenience shall be the day of weekly rest,

d) The Minimum rates of wages include the wages for weekly day of rest. Payment for work done on the day of weekly rest & for the work done beyond the normal working hours shall be double the ordinary rate of wages,

e) Where the existing rates of wages of any employee based on contract, or agreement, or otherwise are higher than the rates notified in the Minimum Wage by the State Govt, the higher rates shall be protected & treated as Minimum rates of wages applicable for the purpose of notification issued by the State Govt. to such employees.

f) The Minimum rates of wages applicable to the employees, employed by the contractors also,

g) the Minimum rates of wage for disabled persons shall be the same to the workers of appropriate category,

h) The men & women shall get the same rates of wages for the same work or work of similar nature,

i) The Minimum rates of wages & variable dearness allowance, if any, both constitute the Minimum rates of wages & shall be enforceable under the Minimum Wage Act, 1948 (11 of 1948).

In conclusion, I wish to add further that monthly wages include all weekly off days. But while calculating daily rates of wages, it (monthly wages) should be divided by 26 days.

Sibabrata Majumdar

Management Consultant Legal

Kolkata, [Login to view]

Dear All,
In my view 26/30 & 31 is both is different as per law, 26 is working working and 30/31 is pay days, In the case of salary payment of monthly wages working days will be actual working days except weekly or any other off/holiday, If you have wages paid as per daily wages than you can consider working days/pay days.
Regards,
Sushil Kumar

Whether you take 26/27/( there are 27 working days in some months) 28 or29 (feb) /30 or 31 you should apply the same formula for calculating one day's wages for payment of wages,leave surrender and deduction for absence.The best way is to take 30 as per General clauses Act.
Varghese Mathew