Problem Regarding Working Days & Leave Without Pay

Dear All,

I have a problem,

I am working in a BPO company.



While implementing pay structure , I can accross a problem of Leave without pay,



Now according to shops & establishment act we have to show payment for days 30.



And my company works only from mon to fri



so when a person takes say one leave without pay ,



The calculation would be (salary/30)*29 days.



But the company calculates deduction for leave without pay on Hourly basis that is

for one day leave

the calculation will be (salary/20)*19 days. Here they consider 5 day week so 20 working days. Hence they deduct in this manner.

The management in US does not want to change the rule for deduction in salary.



Can any one suggest me a proper solution for this problem ?



How can I show that in payslip.



B'coz if I show one day leave ,

& according to shops & establishment act ,

I show (26+4) 30 days ( 26 normal working days (as per normal shop) plus weekly offs-4 sundays)

& for one day of LWP ,

if i show 29 days but give salary as per US management views the calculation does not match



so please suggest me practical solution for this.?



Also the act says that for every 6 days(48 hrs) presence in a week the employee is entitled to get a weekday off. That is , if the employee has full attendance from Monday to Saturday then he is liable for weekly off on Sunday. It may change with respect to diff co.



Now my agrument is we are working for 40 hrs in week ie 5 days a week,

so do we have to give a paid weekly off.

and if so then can we consider , as (20 working days + 4 weekly offs) as 24 (salary days ) for one month.



I hope I made myself somewhat clear.



waiting urgently for your response & Thanks in advance,



Thanks,

samir.

Yes It is a concurrent problem which is prevailing in BPO's
and We the people in HR must take Initiative to provide justice to the worker
manish

Hi,
First the calculation of the salary on the basis of 20 days is wrong. It has to be 30 days irrespective of the fact whether you work for 20 days or 30 days.
For the purpose of calculation month is calculated as 30 days.
Your mode of calculation is violative of the labour laws. You need to educate your management on this
Daleep

Hi,
In my current organisation we pay according to the no of working days. In fact for the purpose of calculation( encashment of Earned Leave etc) we have even fixed no of days as 22 days.
SO if we are paying according to that and dedcuting accordinagly- then where is the loss?? I understand that it because of ease of calculation specially when feb would have less days and a person takes leave then it would be the higher amount deducted!!
Please help me understand?
Cordially,
preet

Hi,
I suggest you prepare a note on this and put it before Management. Put all relevent clauses of the Act in the note and then forward. That is the better way of convincing. You must have facts
Daleep