How Should I Calculate Salary for New Employee with Holidays and Sundays Included? Need Quick Advice!

I am facing a problem regarding salary calculation for an employee. Our company is registered under the Shops and Establishment Act. One of the employees joined on 20th Dec '12, and we are to process his salary till 31st Dec '12, i.e., 12 days are there. In between these days, 2 Sundays and 1 holiday (Christmas day) have fallen. Now, please let me know whether we should exclude those Sundays and the holiday while calculating his salary or include them.

If these days are to be considered for salary calculation, kindly refer me to any clause authenticating the same. On such a small matter, I don't want to leave or demotivate a good employee.

I am waiting for your valuable and quick response on this matter.

Thank you.

Details from the Delhi Government Labour Department Website

Link: [Office Of The Labour Commissioner](http://www.delhi.gov.in/wps/wcm/connect/doit_labour/Labour/Home/Acts+Implemented/Details+of+the+Acts+Implemented/The+Delhi+Shops+Act,+1954/)

17. Period of Rest (Weekly Holiday)

Every employee shall be allowed at least twenty-four consecutive hours of rest (weekly holiday) every week. In the case of shops and commercial establishments required by this Act to observe a closed day, this rest shall be on the closed day.

18. Wages for the Holiday

No deduction shall be made from the wages of any employee on account of the closed day under section 16 or a holiday granted under section 17 of this Act.

If an employee is employed on a daily wage, he shall nonetheless be paid his daily wage for the holiday. Where an employee is paid on piece rates, he shall receive the average of the wages received during the week.

So, a person who joined on 20th Dec '12 will be eligible to get payment for those 2 Sundays and the holiday.

Yes, these employees will be eligible for a weekly off and festival holiday in accordance with the provisions of the Punjab Shop and Commercial Establishment Act.

Regards,
R. B. Yadav
Advocate