EL Adjustment

Dear All seniors,
Greetings of the day!
I m working as a HR executive in an IT company. I need your help regarding EL adjustment as one employee was on leave from 27 Dec 2011 to 8th Jan 2012. She joined back on 9th Jan 2012.As 1st Jan 2012 & 8th Jan 2012 was sunday. If I adjusted her EL then 1st Jan & 8th Jan will be marked as a leave or not? Kindly provide your valuable inputs ASAP. Thanks in advance.
Warm Regrds,
Arti

Hi Arti
Your is IT Company & registered under Shops & Commercial Establishment Act.
As per shops & Commercial establishments act If a person avails continuous leave which is preceding & succeeding on week ends & public holidays then even those days shall be treated as holidays
For Example if a person avails leave from Friday to Monday consider Saturday & Sunday is declared holiday. Then there is a provision as it shall be treated leave as 4 Days. Once again management shall take decision and shall treat leave only for 2 days. ie. Friday & Monday.
Is there any framed leave policy regrading this situation. If not discuss the same with Management and frame it. It should be circulated to everybody in office. :)

Hello Sir,
Thanks for your inputs.My question is that she was on leave from 27th Dec 2011 to 8th Jan 2012 & joined back on 9th Jan i.e Monday. 8th Jan was sunday. she joined back on monday. In that case should I mark sunday as a leave if I m adjusting EL or not? Awaiting foryour response......
Thanks & Regards,
Arti

Hi Arti
No. After continue holiday then joins on Monday the Sunday should not be treated as Leave/Absent.
For any doubts you shall call me :)

Dear aarti
sunday is always sunday the el u will count as a present .
Feel free to call me
pawan bhatia
09812585353

Hi Arti,
Greetings.Pl go thro shops and establishment act applicable to you,leave rules if you have ,precedents in your organisation,Standing Orders of your organisation before taking a decision on any service matter.If you give such background it will be easy to offer views.The mantra is that the law will prevail and all other internal rules must not be less favourable than that is legally provided.
All the best.
Yours sincerely,
S.GURUSAMYNATHAN

IF the employee is on leave before and after the weekly holiday it will be counted in leave but if he joins the next day of the weekly holiday it will not be considered in Leave
Samir

Dear
Apart from the above submission i would like to say that if the person was on long leave and weeking off are coming betwen this period, it is but natural these weekly off will be counted as earn leave taken by the employee. I am agree with the view of Mr jeevarathnam and it is 100 true that these leave will be counted as earn leave/pl.
Regards
R B Yadav
Advocate