Employee Joined on August 3rd but Wants Pay for Days Off – How Would You Handle This?

Hello Experts,

One of my employees resigned from his last company on 31st July, and he joined my company on 3rd of August as 1st and 2nd August are our days off. Now, after we credited his salary for 29 days, this employee asked us to pay for 1st and 2nd August, whereas he joined us on the 3rd of August. He was willing to join us on 1st August, but it was not possible for us to hire him from the 1st as it was our days off.

Please share your feedback.

Regards, Mitesh

Dear Mitesh,

Kindly explain to the employee that the salary is always counted from the DOJ. So, his salary would be from 3rd August and not 1st August.

Secondly, was it stated in the offer letter that he needs to join on 1st August, even by mistake, and then verbally informed that due to a week off, he should join on 3rd August? If so, then it is a mistake and miscommunication from the company, and you should pay him the 2 days of salary for 1st and 2nd August.

Regards,
Ashutosh Thakre

In the circumstances described above, the employee is entitled to 29 days' pay only. He joined on 3rd August; no one is allowed to join on a holiday and then claim. After all, what is three days' pay in comparison to starting his career on a questioning note.

Dear Mitesh, I don't think that there is anything worthy of an expert's opinion in this simple issue. Employment or service of any employee in a particular organization commences only from the actual date of their reporting for duty as stated in the appointment orders. No employer would ask a new entrant to report for duty on a holiday unless circumstances require it. Nevertheless, the decision typically rests with the employer. Additionally, a weekly off day only arises after the employee has rendered services during that week. Therefore, a newly hired employee cannot claim payment for any holiday or weekly off before their date of joining simply because they were willing to start on the establishment's weekly holiday.

Thank you.

Make the new entrant understand that commencement of employment is from the day he/she joins, even though you might have mentioned 1st August in the offer letter. The wage is paid based on the number of days worked.