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

Lots of Acts are discussed at a Great Length. In My opinion the article displayed on the Website of Ministry of Manpower sufficiently provides the facts as for the calculation of the Gross Salary Payable for the month is calculated on the basis of following formula :-

Salary payable for incomplete month of work = Monthly gross rate of pay x Total number of days the employee actually worked in that month / Total number of working days in that month.

Where the total number of working days in the said month should come to actual Working Days of the Month. We in Ahmedabad have Staggered Day on Thursday in Vatva Region. So if in a month of 31 Days there are 5 Thursdays then no. of working days comes to 26 and if in the month of 30 days it is 5 then it shall be 25. It is never fixed on 26 or 30.

The link to the above mentioned law is as follows :-

Calculation of Salary - Ministry of Manpower

If you are appointed through contractor you will be paid 26 days a month, on the other side if you appointed through organisation you will be paid as per 2nd option, no rule binding in this system. This is my practical experience

Hi Dears and Seniors,
Greetings to All.
i feel that this is the right time notice my clarification.
some companies are practicing, deducting the weekly off if an employee absent previous day and next day to Sunday.(Saturday and Monday)
is this a right practice, please help me..
Regards
Selvam.

Dear Sir
as i noticed in above replies that there should be calculated with 31/30 days, not 26 days. but in many companies, wages calculate with 30/361 days.
As per my view if employees is getting specifed monthly salary then is no such rule but if its on daily wages then it is calculated on 26days in a month.

Dear Nitu
For factory salary is calculated for 26 working days of month of 30 days. Four weekly off are paid weekly off.
For shops and establishment salary is calculated for 30 working days of month of 30 days. Including four weekly off.
The difference in above calculation is as follows:-
Lets assume a person is paid 10000/- as his salary and is we go by first calculation then the per day salary of the person would be 384.6. But if we go by second calculation then the per day salary of the person would be 333.3.
Now let us assume that the said employee is on leave for three days due to illness then the salary deductible would be 1115.3 as per first calculation and salary deductible as per second method would be 999.9. Now if you see the second method is more useful for employees.
So second method is better than the first method from employees point of view.
Regards
Octavious

Hi all,
What a topic you all are into !
Don't worry friends. Kindly follow any of the below simple steps. Nobody will question you.
Regarding the Weekly off see the notification states as below
"The minimum wages shall be inclusive of payment of remuneration in respect of weekly day of rest"
There are two ways you can calculate wages as per factory act.
1) 26 days as base days. This is applicable everywhere.for OT also 26 days.
2) Now this is actual calculation, which can take into many organizations & not debatable.
For Monthly Wages
Base days = Total days of Month (- minus) No. of Weekly off
Eg. For Jan 2014 -= 31(total days) - 4 (sundays) = 27 days
For Feb 2014 = 28 - 4 = 24 days
For March 2014 = 31 - 5 = 26 days
So on..

For OT you have to calculate on 26 days (here also)
Thanks.

Hello.
This doubt is arise many a times during wage and other calculation. i would suggest to prefer the Judgment by Hon. Apex Court, Hight Court as well as Mother court.
Hindustan Lever Limited vs Kasargod Devidas Rao And Ors. on 21 August, 1989
Jeewanlal (1929) Ltd.Etc. Etc vs The Appellate Authority Under The ... on 29 August, 1984
Beed District Central ... vs State Of Maharashtra And Ors on 29 September, 2006
Thanks & Regard
Sanjit Patel

Dear,
The Following wage category are defined by the State & central Government.
1. Monthly Wage
2. Daily Wage
wage for workers is 26 days
Salary for Staffs & Employees 30 days
In both case every six days of working there is one holiday and every 20 days of working there is one paid leave.

Sanju
All the above cases were about the computation of one days wages for gratuity where in the Court followed the SC decision in Digwijay mill's case of 1980.They are not dealing with one days wages for payment or deduction of one day's wages for salary.
Varghese Mathew
09961266966

Dear Neetu,
Kinldly go through the minimum wages act notification which is issued every six month it is clearly state that the wages are for 26 days inclusive of Sunday. duty done above that is over time. This notification is released when DA is changed.
the contractor get payment for 26 days from you and pay for 30 days to labor .this you have to check,
capt Rajeshwar Singh