Hi,
I am working as an HR executive in a software company. I have a problem with one of the employees' joining dates. He joined us on the 10th of January, and we paid him a salary for 22 days, i.e., from the 10th to the 31st. However, he says he should be paid from the 8th as it was a Saturday and Sunday, and it's not his problem that they are holidays. If we wanted, he would have joined on the 8th.
Could anyone help me with how to calculate his salary and how joining dates should be given?
From India, Hyderabad
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I am working as an HR executive in a software company. I have a problem with one of the employees' joining dates. He joined us on the 10th of January, and we paid him a salary for 22 days, i.e., from the 10th to the 31st. However, he says he should be paid from the 8th as it was a Saturday and Sunday, and it's not his problem that they are holidays. If we wanted, he would have joined on the 8th.
Could anyone help me with how to calculate his salary and how joining dates should be given?
From India, Hyderabad
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The responsibility for paying him on the 8th and 9th lies with his previous employer, not yours.
An employee is entitled to a day off after working for six days in a week (five days elsewhere). You need to explain this to him.
A worker becomes eligible for a day off on the 6th day after completing the entire week or the required number of days, provided he has worked and contributed on behalf of the company.
In my opinion, you can firmly and directly refuse to pay him. Even if he has an offer letter from the 10th onwards, it indicates that before that, he was employed with his previous employer or was idle at home for his own convenience.
From India, Mumbai
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49An employee is entitled to a day off after working for six days in a week (five days elsewhere). You need to explain this to him.
A worker becomes eligible for a day off on the 6th day after completing the entire week or the required number of days, provided he has worked and contributed on behalf of the company.
In my opinion, you can firmly and directly refuse to pay him. Even if he has an offer letter from the 10th onwards, it indicates that before that, he was employed with his previous employer or was idle at home for his own convenience.
From India, Mumbai
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The responsibility for paying him on the 8th and 9th lies with his previous employer and not with you.
An employee is entitled to a day off after working for 6 days in a week (5 days somewhere else). Please explain this to him.
A worker is eligible for a day off on the 6th day after working for the entire week or the required number of days, provided that he has worked or contributed on behalf of the company.
In my opinion, you can firmly and directly refuse to pay, even if he has an offer letter from the 10th onwards. Before this, he was employed with his previous employer or was at home for his own convenience.
YASMEEN, YOU ARE 100% RIGHT... AND IT IS A FAIR POINT ALSO.
SWAPNA, YOU CAN FOLLOW YASMEEN'S ADVICE IN THIS CASE.
ALL THE BEST,
KHAN, HYD.
From India, Mumbai
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An employee is entitled to a day off after working for 6 days in a week (5 days somewhere else). Please explain this to him.
A worker is eligible for a day off on the 6th day after working for the entire week or the required number of days, provided that he has worked or contributed on behalf of the company.
In my opinion, you can firmly and directly refuse to pay, even if he has an offer letter from the 10th onwards. Before this, he was employed with his previous employer or was at home for his own convenience.
YASMEEN, YOU ARE 100% RIGHT... AND IT IS A FAIR POINT ALSO.
SWAPNA, YOU CAN FOLLOW YASMEEN'S ADVICE IN THIS CASE.
ALL THE BEST,
KHAN, HYD.
From India, Mumbai
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Further to what Yaasmin has suggested, there must be a Joining Report system in your company that every new employee is required to fill out on the date of joining. If you have a similar type of system, then he must have filled out that form. Ask him to show on which date he submitted that Joining Report. The Joining Report is the base document by which the tenure of service (experience) in the company is measured for an employee.
Regards, Jawed Alam.
From India, Dhanbad
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Regards, Jawed Alam.
From India, Dhanbad
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Hi,
Your organization has counted/paid the salary correctly. The salary must be paid for 22 days only. Just explain to him/her that the offer letter was given on the 10th (Monday), not on the 8th or 9th. You were offered the job on the 10th, not on the 8th or 9th. Also, explain that after joining, you will be paid for Saturdays & Sundays (according to the company policy), but not before the job was offered - even if there were Saturdays or Sundays or any other holidays.
Please try to explain this in a proper way. If the employee does not want to settle down, let him/her do anything, as there is no rule regarding this type of situation. Be bold.
From India, Pune
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Your organization has counted/paid the salary correctly. The salary must be paid for 22 days only. Just explain to him/her that the offer letter was given on the 10th (Monday), not on the 8th or 9th. You were offered the job on the 10th, not on the 8th or 9th. Also, explain that after joining, you will be paid for Saturdays & Sundays (according to the company policy), but not before the job was offered - even if there were Saturdays or Sundays or any other holidays.
Please try to explain this in a proper way. If the employee does not want to settle down, let him/her do anything, as there is no rule regarding this type of situation. Be bold.
From India, Pune
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Swapna,
Normally, a company issues a person an offer letter stating that "you are required to join on or before a specific date." It is at his convenience to join on a particular day. Once he joins the organization, he needs to submit a joining report, confirming that he has reported for duty. Therefore, his employment and the employer-employee relationship commence only from the date he joins duty. There should be no confusion at all.
Make this clear to him.
Balaji
From India, Madras
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Normally, a company issues a person an offer letter stating that "you are required to join on or before a specific date." It is at his convenience to join on a particular day. Once he joins the organization, he needs to submit a joining report, confirming that he has reported for duty. Therefore, his employment and the employer-employee relationship commence only from the date he joins duty. There should be no confusion at all.
Make this clear to him.
Balaji
From India, Madras
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If the joining date is 10th Jan, then he should be paid from 10th to 31st. There is no question of calculating his salary from 8th Jan. After his joining date, any Saturday/Sunday will be paid holidays but not before his joining.
What you have done is right.
Regards,
Kamal
From India, Pune
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What you have done is right.
Regards,
Kamal
From India, Pune
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I think you should tell the employee that such short term greed is not good. To me he seems to be the type that will fudge petrol and mobile bills also.
From India, Delhi
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From India, Delhi
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By now, you should have had the common sense to know that an appointment and offer letter have a "Join Date" clause. Once this join date is effective and the candidate joins work on that day, his payroll begins from that day.
If he argues for the 8th and 9th, he can also argue for full pay from the 1st of January. After all, it is not his problem that the month and year begin from January. You should know how to handle silly and stupid arguments by now.
Regards
From India, Mumbai
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If he argues for the 8th and 9th, he can also argue for full pay from the 1st of January. After all, it is not his problem that the month and year begin from January. You should know how to handle silly and stupid arguments by now.
Regards
From India, Mumbai
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The salary is calculated from the date of joining only, which is 10th Jan. Please ensure to get the joining report filled for every new joiner with the date of joining correctly mentioned. The argument of the new recruit does not hold water.
From India, Coimbatore
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From India, Coimbatore
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Hi,
If the joining date is the 10th of January, and the person has reported on the same day, what you have paid for 22 days is correct. He is just trying to deceive you. Check with him under which labor act or law this rule is stated. Simply deny his demand.
N S Anand
From India, Bangalore
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If the joining date is the 10th of January, and the person has reported on the same day, what you have paid for 22 days is correct. He is just trying to deceive you. Check with him under which labor act or law this rule is stated. Simply deny his demand.
N S Anand
From India, Bangalore
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20 days' payment is correct. Because as he is a new employee, he won't get paid if any holiday comes after he joins a company. I agree with you, only old employees can get paid. I think you should tell him to read the terms and conditions. It is better to add this issue in the terms and conditions of the salary.
From India, Hyderabad
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From India, Hyderabad
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i agree with all the above points. Becarefull with that employee..He may create a more problems to you.
From India, Hyderabad
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From India, Hyderabad
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Hi,
As rightly suggested by some of my friends here, please note that the salary for a new joiner is payable from the date mentioned in his/her appointment letter, provided he/she joins your company on the same day. Until he signs the appointment letter, he is not officially an employee of your organization, so there is no question of his salary being retroactive from a prior date.
From India, Calcutta
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As rightly suggested by some of my friends here, please note that the salary for a new joiner is payable from the date mentioned in his/her appointment letter, provided he/she joins your company on the same day. Until he signs the appointment letter, he is not officially an employee of your organization, so there is no question of his salary being retroactive from a prior date.
From India, Calcutta
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Dear Friends, Please tell me about salary breakup, How Can I Calculate, Suppose salary decided 20,000/- Month, Basic= ? % Hra= ? % Cony.=?% Gewa=?%, and Others Heads Total=20,000
From India, Madras
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From India, Madras
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Hi,
With reference to the above issue, it is simple and clear that the salary is paid for the number of days worked (including holidays) in a month, as mentioned by our colleagues, and not prior to the Date of Joining (DOJ). Please help him understand that he worked for only 22 days and should be paid accordingly. There are no other arguments or clarifications needed as he is an educated and responsible individual who adheres to the company's policies and procedures.
From India, Bangalore
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With reference to the above issue, it is simple and clear that the salary is paid for the number of days worked (including holidays) in a month, as mentioned by our colleagues, and not prior to the Date of Joining (DOJ). Please help him understand that he worked for only 22 days and should be paid accordingly. There are no other arguments or clarifications needed as he is an educated and responsible individual who adheres to the company's policies and procedures.
From India, Bangalore
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I also agree fully with Mr. Krishnapullikuth. Whenever one is first joining a new establishment, the days should be calculated from the day the employee joins the new establishment. You are right in paying for 22 days. However, as my other colleagues have opined, the joining report is a must. Please consider obtaining the joining report in the future to avoid any such confusions.
From India, Nagpur
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From India, Nagpur
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Hi,
Please review the corrected version of your message below:
---
Ufff! He is trying to act too smart. By the way, be careful with such guys because they always end up with some issues. That's their attitude.
Just send him an email, copying the HR Manager and his Reporting head, stating that "In reference to the offer and appointment letter, Mr. XXX has joined the services of XYZ company on Jan 10, 2011. In accordance with the company policies and the offer letter, the company is obliged to pay salary from Jan 10, 2011 only. Hence, we have credited the 22 days' salary to your account.
If he still comes back to you for 2 days' salary, then tell him that only his date of joining speaks. Even if he argues, ask him why did he accept and sign the letter dated his joining as Jan 10, 2011. If he had this kind of thinking in his mind, then he should have asked for Jan 8, 2011. So, no mistakes lie from the company end.
Still, if the issue persists, then bring all the possible people that you can gather (Top management people). Put this issue on the table. He will get good hits from them.
If he still argues, then my advice is to get rid of people with such behavior. They will spoil the office environment. Issue him a warning letter. Everyone should follow the policies of their company; instead, no one has the right to formulate policies of their own and go according to it.
- Babu
---
I have corrected the spelling, grammar, and formatting errors in your message. Let me know if you need further assistance.
From India, Madras
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Please review the corrected version of your message below:
---
Ufff! He is trying to act too smart. By the way, be careful with such guys because they always end up with some issues. That's their attitude.
Just send him an email, copying the HR Manager and his Reporting head, stating that "In reference to the offer and appointment letter, Mr. XXX has joined the services of XYZ company on Jan 10, 2011. In accordance with the company policies and the offer letter, the company is obliged to pay salary from Jan 10, 2011 only. Hence, we have credited the 22 days' salary to your account.
If he still comes back to you for 2 days' salary, then tell him that only his date of joining speaks. Even if he argues, ask him why did he accept and sign the letter dated his joining as Jan 10, 2011. If he had this kind of thinking in his mind, then he should have asked for Jan 8, 2011. So, no mistakes lie from the company end.
Still, if the issue persists, then bring all the possible people that you can gather (Top management people). Put this issue on the table. He will get good hits from them.
If he still argues, then my advice is to get rid of people with such behavior. They will spoil the office environment. Issue him a warning letter. Everyone should follow the policies of their company; instead, no one has the right to formulate policies of their own and go according to it.
- Babu
---
I have corrected the spelling, grammar, and formatting errors in your message. Let me know if you need further assistance.
From India, Madras
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Hi,
It's hardly a problem. The material date of his employment is the date of joining on his appointment letter. If the appointment letter says that he joined on the 10th, then he is to get his salary from the 10th, and if the said date of joining mentioned in the appointment letter is the 8th, then you are liable to pay from the 8th.
You are liable to make payment to him only when the person is in your employment and not otherwise. Just check the date of joining on his appointment letter (or else make reference to his first attendance in the register).
Regards,
Jamshed Bey
Head - Legal
I am working as an HR executive in a software company. I have a problem with one of the employees' joining date. He joined with us on the 10th of January, and we paid him a salary for 22 days, i.e., from the 10th to the 31st. However, he says he has to be paid from the 8th as it is Saturday and Sunday, and it's not his problem that they are holidays; if wanted, he would have joined on the 8th.
Can anyone help me with how to calculate his salary and how joining dates should be given?
From India, New Delhi
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It's hardly a problem. The material date of his employment is the date of joining on his appointment letter. If the appointment letter says that he joined on the 10th, then he is to get his salary from the 10th, and if the said date of joining mentioned in the appointment letter is the 8th, then you are liable to pay from the 8th.
You are liable to make payment to him only when the person is in your employment and not otherwise. Just check the date of joining on his appointment letter (or else make reference to his first attendance in the register).
Regards,
Jamshed Bey
Head - Legal
I am working as an HR executive in a software company. I have a problem with one of the employees' joining date. He joined with us on the 10th of January, and we paid him a salary for 22 days, i.e., from the 10th to the 31st. However, he says he has to be paid from the 8th as it is Saturday and Sunday, and it's not his problem that they are holidays; if wanted, he would have joined on the 8th.
Can anyone help me with how to calculate his salary and how joining dates should be given?
From India, New Delhi
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Hi dear,
If the joining date is the 10th of the month, but the offer letter is issued on the 8th of the month, and he has also completed his joining formalities on the 8th of the month, then the salary given to him will be for 24 days.
Otherwise, I agree with my other friends.
Regards,
Vikash Sharma
From India, Delhi
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If the joining date is the 10th of the month, but the offer letter is issued on the 8th of the month, and he has also completed his joining formalities on the 8th of the month, then the salary given to him will be for 24 days.
Otherwise, I agree with my other friends.
Regards,
Vikash Sharma
From India, Delhi
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Swapna,
There should be no confusion at all regarding the number of days to be paid; it is 22 days. How can the company pay salary to a person for 2 days prior to his Joining Date?
You may explain to him that if he would have joined your company on 7th Jan, then you would have to pay him 25 days' salary, i.e., from 7th to 31st Jan (including 8th and 9th Jan, which were holidays) because in that case he would have already become an employee of your company on 8th and 9th Jan. But that is not the case now, so he will be paid only from 10th Jan.
Regards, Pooja Saha
From India, Calcutta
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There should be no confusion at all regarding the number of days to be paid; it is 22 days. How can the company pay salary to a person for 2 days prior to his Joining Date?
You may explain to him that if he would have joined your company on 7th Jan, then you would have to pay him 25 days' salary, i.e., from 7th to 31st Jan (including 8th and 9th Jan, which were holidays) because in that case he would have already become an employee of your company on 8th and 9th Jan. But that is not the case now, so he will be paid only from 10th Jan.
Regards, Pooja Saha
From India, Calcutta
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Hi,
I have faced the same problem once. Following is what I did:
1) Make sure the employee has not marked his attendance before his DOJ.
2) Consider the appointment letter as the final document and take the date mentioned on the appointment letter as final.
3) Also, loop in your senior and the reporting part.
4) Ensure that the same is documented as he might create some problems later on if he has raised the issue in writing.
Regards,
Ujjwal
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I have faced the same problem once. Following is what I did:
1) Make sure the employee has not marked his attendance before his DOJ.
2) Consider the appointment letter as the final document and take the date mentioned on the appointment letter as final.
3) Also, loop in your senior and the reporting part.
4) Ensure that the same is documented as he might create some problems later on if he has raised the issue in writing.
Regards,
Ujjwal
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The argument of the employee is very silly, and as someone rightly mentioned, he is just trying his luck to get a couple of days of extra pay. But it is interesting how he could think of a lame reason like this and demand to revise his pay. It is very straightforward that the company will pay him only from the joining date, but there is no harm in being safe by getting it clarified from others.
From India, Bangalore
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From India, Bangalore
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Ref: Calculation of salary from Net salary to Gross salary
Please clarify, I have an employee who is currently in a trainee position and has been confirmed for regular payroll. Their take-home pay should be Rs. 8500/-. Kindly assist me in determining their Gross Salary. In our company, the deductions include PT, PF, ESI, and other recoveries.
Regards,
R Ravi
From India, Madras
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Please clarify, I have an employee who is currently in a trainee position and has been confirmed for regular payroll. Their take-home pay should be Rs. 8500/-. Kindly assist me in determining their Gross Salary. In our company, the deductions include PT, PF, ESI, and other recoveries.
Regards,
R Ravi
From India, Madras
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Dear Swapna, Just ask that employee y he dint join on 7th Jan i.e Fri. He must think about tht he’ll join from Monday thn tell him tht therefore u r paying him from his joining date. Regards, S
From India, Mumbai
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From India, Mumbai
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when any new employee joins the company, that day should be working day only and not on weekends. It cannot be your company responsibility to pay him particular weekend.
From India, New Delhi
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From India, New Delhi
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as per my view the above all advises are right . Please consider the Date of joining and reporting date.
From India, Bangalore
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From India, Bangalore
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I am an employee (not HR) and really surprised to see these kinds of employees. I am not sure in the world which employer will pay a salary for the day in which the person is not his employee. It is greed, nothing else.
From India, Bangalore
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From India, Bangalore
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What you have done is proper and correct. The employee joined the company on the 10th. He will be paid a salary for the period of the 10th to the 31st if he has worked on all days of the month. His contention that he should be paid a salary from the 8th onwards is baseless. You may explain it to him as such.
Best Wishes,
Vasant Nair
From India, Mumbai
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Best Wishes,
Vasant Nair
From India, Mumbai
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