How To Deduct Leave Days In Salary Amount - DOC Download

Dear Seniors,

In my company, they are following leave deduction based on the below-mentioned rule:

Rule: If leave is taken by the employee before or after the week off/holiday, it is considered as a 2-day deduction in salary. For example, if leave is taken on Saturday, it will be considered as Saturday and Sunday for salary deduction. If leave is taken on Monday, it will be considered as Sunday and Monday for salary deduction.

Kindly let me know the proper and applicable leave deductions. I am waiting for your suggestions as soon as possible.

The leave rules given by your company are not in line with the law of the land. The law very clearly states that the weekly off for a holiday can be included in leave only if the employee has taken leave both before and after the weekly off.

For details on the laws and rules, you need to look at either the Factories Act or the Shop and Establishment Act applicable to your state. Detailed provisions are already given in the act.

Hi,

It is not fair. Weekly off is an employee's right; it cannot be linked with any other rule and cannot impose a loss of pay. Similar arguments are seen in connection with casual leave. I have put my arguments in favor of not combining casual leave and weekly off and include weekly off days also for counting total leave. This is totally unfair.

Dear,

Weekly off/Paid Holidays falling during the leave period shall be counted as part of the leave. One day or more of leave can be suffixed or prefixed with W/off OR paid holiday, but cannot be suffixed and prefixed at the same time.

Example: [Consider Sunday as W/off]

'X' Employee availed leave from Saturday to Monday [03 days]; All 03 days to be considered as leave. [Example of Suffix and Prefix both]

'Y' Employee availed leave on Saturday and resumed on Monday; Only Saturday to be marked as leave. [Example of Prefix]

'Z' Employee availed leave on Monday but 'Z' was present on Saturday; Only Monday to be marked as leave. [Example of Suffix]

Thanks, Ubaid Raheman

Dear Mr. Ubaid Raheman,

Thank you very much for your kind and brief explanation. I need one more piece of information, i.e., since I am working in a startup company, the management wants me to prepare Company policy / HR policy. Can you please guide me on the procedures and how to start the work.

Human Resource Policy Documents...

Please provide more context or details so that I can assist you effectively with your inquiry.

Ubaid,

Can you please explain which law or rules allow you to do so. It will be highly helpful if you could share this information.

Dear Anonymous,

I can understand that in today's dynamic industry, companies are more focused on cost optimization. Reducing Paid Leave is also one major part of that. But let it be very clear that you can't abolish labor laws under the pretext of an improper Leave Policy (as your company is doing by drafting Rules on its own). Any internal policy, rule, or standing order can't override (bypass) labor laws. Policies and Standing orders are being framed to maintain some discipline and balance between employees' rights and smooth functioning. It seems your rules are prepared only to reduce costs. Although fellow members have provided valuable suggestions on the topic, please find some additional points that can be incorporated into your Leave, Rest, and Holiday policy. They will help maintain discipline and reduce unnecessary leave costs.

No Holidays will be allowed between continuous Leaves. The individual must be available either before or after the Holiday; otherwise, the same will be counted as Leave/Absence.

Norms for taking Casual-Sick Leave:

1. Maximum of 2 Casual Leaves can be availed in a single instance; beyond 2 regular CL, PL, if any, will be adjusted. If no PL balance is available, the same will be deducted.

2. A maximum of 3 Sick Leaves can be availed in a single instance; after that, a Medical Certificate must be provided to the HOD. If there is no balance in medical leave, PL will be taken.

3. In a single instance, either Casual Leave or Sick Leave can be availed; beyond the limit, PL, if any, will be adjusted. If PL is not in balance, a deduction will be made from the salary.

4. No Work Off-Holiday will be allowed between continuous Leaves. The individual must be available either before or after the Work Off-Holiday; else, the same will be counted as Leave/Absence.

5. All leaves should be first pre-approved by the Supervisor/Shift Incharge and must be finally approved by the HOD.

6. Repetition of Leave around Holidays and Work Off, is allowed only with prior approval, as per norms, from the HOD.

7. PL will be allowed on an accrued basis.

III WEEKLY OFF POLICY

Norms for Work Off Policy:

1. No Work Off will be allowed during consecutive Leave/Absence/Holidays.

2. For availing the Work Off, the individual must be present either before or after the Work Off. Otherwise, the same will be considered as Absent/PL.

Hope you will find the above as per your requirements. You can make modifications as per your management decisions and company policies.

@Ramesan...,

Factories Act, 1948. Chapter VIII [Leave with Wages]

"All leaves under the Factories Act shall be exclusive of all holidays/off whether occurring during the period of leave." (Explanation 2 of Section 79, Factory Act, 1948)

Shops and Commercial Establishments Act, 1948

In respect of Casual Leave, any Sunday/paid holiday occurring before the leave commences or after the expiry of the leave period can be added as a prefix or suffix. However, if occurring during the leave period, it will be treated as leave.

Such practice depends on the MOU/Agreement/Contract of Service/Leave Policy of the Establishment.

Thanks,
Ubaid Raheman.