Leave from Saturday to Tuesday then Sunday will be treated as leave or not?

IF any employee go to leave from Saturday to Tuesday then Sunday will be treated as leave or not? Second some one say to me that if an employee three days worked in a week then Sunday will be weekly off. if he go to Leave from Thursday to Tuesday then Sunday will be count in weekly off.

Dear Mr. Pulkit,

Weekly holidays.

(1) No adult worker shall be required or allowed to work in a factory on the first day of the week (hereinafter referred to as the said day), unless--

(a) he has or will have a holiday for a whole day on one of the three days immediately before or after the said day, and

(b) the manager of the factory has, before the said day or the substituted day under clause (a), whichever is earlier,--

(i) delivered a notice at the office of the Inspector of his intention to require the worker to work on the said day and of the day which is to be substituted, and

(ii) displayed a notice to that effect in the factory: Provided that no substitution shall be made which will result in any worker working for more than ten days consecutively without a holiday for a whole day.

(2) Notices given under sub- section (1) may be cancelled by a notice delivered at the office of the Inspector and a notice displayed in the factory not later than the day before the said day or the holiday to be cancelled, whichever is earlier.

(3) Where, in accordance with the provisions of sub- section (1), any worker works on the said day and has had a holiday on one of the three days immediately before it, that said day shall, for the purpose of calculating his weekly hours of work, be included in the preceding week.

Thanks You,

Regards,

J.N.Modi

Dear Pulkit,
If the employee is awailing CL/SL then the W/o will be treated as Cl/SL or else on PL (Earned Leave the W/o is not included in the Leace.
Hope this will clear the your doubt.
Thanks

Dear Pulkit,
It differs from company to company policy.
If you are taking leave on saturday and tuesday then it is counted as 4 days leave only. if he doesnt have leave then 4 days LOP is marked.(This is mostly followed only in Proprietorship/partnership company only).
In many pvt companies & IT companies Finger Access / attendance card is implemented so when you are calculating the leave it shows only 2 days where saturday / sunday is showed as WO(by default). So they calculated the salary and deduct 2 days leave in your leave balance or LOP if you dont have leave balance.
But in general every company has their own policy which differ from other.
Note: National festival holidays / mandatory leaves are excluded from leave deduction if coming on saturday/sunday.

Dear pulkit..

I want to make one thing clear.

have you maintained your HR policy which defined all the procedures regarding all the policies like attendance, leave, discipline, compensation, incentives, recruitment, orientation etc..

Why i am saying all these things because every company has its own HR policy which make their own rule.

By the way if talk about the legal rule, it maens if an employee remains absent on saturday and monday then he doesnot get the entitlement of Paid weekly off. if he adjust the cl, sl pl on absented both days then he deserves for paid weekly off.

if we see this legal rule behalf of company aspect, suppose employee remains 5 days absent in a week and present atleast one day in saturday or monday according to the legal rule, so in that case it will adversely effect on company policy regarding the productivity.

so fullfill such mission company makes on HR policy. some comapny makes the policy like an employee has to come atleasr four days and some company makes the strategy of atleast 3 days present.

Examples.

According to Law.

Mon Tue Wed Thu Fri Sat Sun Mon

P P P A P A WithoutPaid(W/o) A

PL With Paid (W/o) PL

A A A A P p Paid (W/o) A

In above example you can see, employee remains absent on saturday and monday and he doesnot have paid leave to avail so in taht case he will not get paid leave W/o.But if he adjust with PL then He Get paid W/o.

If you are looking in 3rd example in which employee absent 4 days, and he comes only friday and saturday which mens he completing the law rule i.e employee has to come atleast one day in saturday or monday.

so in that case company makes its own policies.side by side they set the criteria for paid sunday and they follow the lagal rule too.

if i talked about my comapny i have daclared in HR policy that an employee has to atleast 3 days in a week and employee has to take care upon the saturday and monday rule also.

i am expressing below by example.

Mon Tue Wed Thu Fri Sat Sun Mon

P P P A A P WithPaid(W/o) A

Mon Tue Wed Thu Fri Sat Sun Mon

P P P PL PL PL WithPaid(W/o) A



Mon Tue Wed Thu Fri Sat Sun Mon

P P P A A A WithoutPaid(W/o) A

as i above i look both rules which i made own and second legal, in above example you can see without paid holiday, it is only because he completed condition means to say he coming atleast 3 days in a week but as i said you have to look law rule side be side, he absent on saturday and monday(both days) aprt from it he doesnot have laeve to be adjustment.

Mon Tue Wed Thu Fri Sat Sun Mon

P P A A A P WithPaid(W/o) A

Mon Tue Wed Thu Fri Sat Sun Mon

P A A A P P WithPaid(W/o) A



Mon Tue Wed Thu Fri Sat Sun Mon

P A P P A A WithPaid(W/o) P

This is what i explianing is just a example which i am following in my organisation. otherwise everycompany has its own strategy.

I hope you got it very well.

I wanna exhort you to preapre a human resource policy first and communicate it to all.

Thanks

Regards

Vikas Khatter

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Dear,
Any Sunday OR Holiday OR Weekly off day coming during leave period shall be considered as leave.
Example: If someone has applied leave from Friday to Tuesday (05 Days), total 05 days shall be treated as leave even though any w.off/holiday coming during these 05 days.
This is as per the Shop and Establishment act.
Regards,
Hiten Dalal
Officer ll Personnel & HR

Dear ,
I am working one of the company as HR . as per the subject the same problem my company employees asking to me .I given the clarification also but they need documentation or any PPT regarding this so if anybody have please share me.

Hi,
there different type of companies follows different ways.
one company should not follow another companies rules.
i give one example to you,
i was worked in Media field, they follow the rules:
1. if the employ work in a week only 3 days but we give 1 weekly-off.
2. if the employ applied in 2 days between weekly-off as cl or el/pl it will take 2days only. i.e., CL wo CL=2CL only & PL/EL wo PL/EL=2PL/EL only.
3. But incase of SL it will be the different, it takes 3 days. i.e., SL wo SL=3SL
Regards,
Prasad
Executive-HR,
Myhome Constructions Pvt.Ltd.,

Dear pulkit
let me tell you that leave is a very big chapter and one should forcefully reply without knowing the facts/law.in facories act it is clearly mentioned in annual leave section that weeklyoff/holidys coming in between of leave will not be counted in leave.however in case of sick leave/casual leave management can frame their own policy but in case of annual leave sunday and holidays has to be excluded.
Now come to establisment which are covered under shop and establisment act ,all states have their own shop and est act and there can not be one rule for calculating number of leave it varies from state to state.