In our company, employees take leave on Saturday and Monday. In this case, do we have to account for 3 days as leave? Also, if an employee takes leave before and after the Festival Holidays, do we have to account for 3 days as leave? Can anybody help me with this?
From India, Chennai
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4From India, Chennai
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Hi,
As per statutory laws, you should consider even Sunday as leave. However, the company policies should be clearly defined. Some organizations may not consider Sunday as leave, while others will.
Thank you.
From India, Bangalore
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As per statutory laws, you should consider even Sunday as leave. However, the company policies should be clearly defined. Some organizations may not consider Sunday as leave, while others will.
Thank you.
From India, Bangalore
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If an employee is absent on Saturday and Monday, then Sunday is considered as paid leave. However, if an employee takes leave on Saturday and joins back to work on Monday, then Sunday is not considered as paid leave.
Regarding festival holidays:
For married females, taking leave one day before a festival can be permitted as unpaid leave (depending upon your organization's policies, as there is no hard and fast rule). On the festival day, the leave has to be provided. However, taking leaves before and after the festival is not granted, and it should be deducted from the salary.
Given that India is a land of festivals with celebrations happening regularly, granting leaves for every festival would negatively impact productivity. In my opinion, taking leave before and after festivals should be counted as paid leave, with an exception for married women. This policy should be communicated clearly to all employees in advance.
From India, Solapur
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Regarding festival holidays:
For married females, taking leave one day before a festival can be permitted as unpaid leave (depending upon your organization's policies, as there is no hard and fast rule). On the festival day, the leave has to be provided. However, taking leaves before and after the festival is not granted, and it should be deducted from the salary.
Given that India is a land of festivals with celebrations happening regularly, granting leaves for every festival would negatively impact productivity. In my opinion, taking leave before and after festivals should be counted as paid leave, with an exception for married women. This policy should be communicated clearly to all employees in advance.
From India, Solapur
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Hi,
First of all, please let us know which type of industry you are employed in. Also, do you have a prefix and suffix rule in your leave policy? Without this information, the comments provided will not be of much help to you.
From India, Bangalore
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First of all, please let us know which type of industry you are employed in. Also, do you have a prefix and suffix rule in your leave policy? Without this information, the comments provided will not be of much help to you.
From India, Bangalore
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The comments given by me are from the general or common leave policy of various industries - leave is for six days worked prior to it, i.e., from Monday to Saturday. This is for a monthly rated employee.
Now, it depends on the type of leave. If a casual leave is taken on Saturday, it is okay, and the employee has to report for duty on Monday. By chance, if he takes a leave on Monday, then at that time it cannot be a casual leave and it can be only sick leave wherein Sunday will be excluded and not taken into account, i.e., it will be a paid holiday- not to be deducted from the leave balance.
From India, Madras
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Now, it depends on the type of leave. If a casual leave is taken on Saturday, it is okay, and the employee has to report for duty on Monday. By chance, if he takes a leave on Monday, then at that time it cannot be a casual leave and it can be only sick leave wherein Sunday will be excluded and not taken into account, i.e., it will be a paid holiday- not to be deducted from the leave balance.
From India, Madras
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In 'Leave Management', there is a concept of 'Prefix/Suffix'. Normally, companies permit Sundays/Closed Holidays to be either prefixed or suffixed with leave, but not both. For example, if an employee takes leave on Monday, Sunday can be permitted as a prefix. If the employee is on leave on Saturday, Sunday can be given as a suffix. In the present case, the employee has to be on leave from Saturday to Monday (3 days) since he can't have the privilege of having Sunday both as a prefix and suffix.
However, it all depends on the 'Leave Policy' of a company. If your policy clearly states that the same Sunday/Holiday can be taken both as a prefix and suffix with leave, no one shall be in confusion. Nevertheless, you may also need to clarify that Sundays/Holidays falling within a leave period shall be exempted while calculating the total number of days for which an employee was on leave. This may be an employee-friendly policy but, in principle, it negates the definition of the continuity of the leave period and is thus not encouraged by organizations.
Clarifying all these aspects with examples in a company's 'Leave Policy' is, therefore, important not only from the employee viewpoint but also to enable 'Leave Management' by the sanctioning authority and HR.
From India, Delhi
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However, it all depends on the 'Leave Policy' of a company. If your policy clearly states that the same Sunday/Holiday can be taken both as a prefix and suffix with leave, no one shall be in confusion. Nevertheless, you may also need to clarify that Sundays/Holidays falling within a leave period shall be exempted while calculating the total number of days for which an employee was on leave. This may be an employee-friendly policy but, in principle, it negates the definition of the continuity of the leave period and is thus not encouraged by organizations.
Clarifying all these aspects with examples in a company's 'Leave Policy' is, therefore, important not only from the employee viewpoint but also to enable 'Leave Management' by the sanctioning authority and HR.
From India, Delhi
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Dear Mr. Jeevarathnam cuold i know in which law we can find that, that Sunday has to be considered as leave..
From India, Bangalore
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From India, Bangalore
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Hi Devendra As per the act If any employee takes leave on both Saturday & Monday then leave is of 3 days. But leave policy may vary based on employee friendly
From India, Bangalore
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From India, Bangalore
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As per general consideration, Sunday is the rest day for the worker who worked 48 hours (6 days x 8 hours per day) for the company. However, if the worker willfully takes leave on Saturday and Monday frequently, you may need to make a few corrections in your 'Agreement' based on the minimum working hours per week.
- Shailesh: 09850303234.
From India, Yavatmal
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- Shailesh: 09850303234.
From India, Yavatmal
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Dear Deven,
As rightly explained above, leave rules vary from company to company (for white-collar employees). However, statutes have some sort of certain impact on the leave policies as framed by the different companies. Most of the companies follow a leave policy where holidays/weekly offs are excluded while counting leaves if a holiday/weekly off falls during or at either end of the period of leave. Section 79 of the Factories Act, 1948 is very clear about this.
However, let me reiterate once again that the leave policy is at the discretion of a company's management, and the framing of the leave policy is as per the needs and requirements of the company.
Regards,
Rakesh Srivastav
From India, Gurgaon
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As rightly explained above, leave rules vary from company to company (for white-collar employees). However, statutes have some sort of certain impact on the leave policies as framed by the different companies. Most of the companies follow a leave policy where holidays/weekly offs are excluded while counting leaves if a holiday/weekly off falls during or at either end of the period of leave. Section 79 of the Factories Act, 1948 is very clear about this.
However, let me reiterate once again that the leave policy is at the discretion of a company's management, and the framing of the leave policy is as per the needs and requirements of the company.
Regards,
Rakesh Srivastav
From India, Gurgaon
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Dear Rakesh,
I have gone through the said provision, but there is no indication of the issue mentioned; all legal clauses are present. So, it is clear that this issue is a part of the management policy, and any management can formulate the policy as they wish. Regarding the mentioned issue, if any employee or union asks us about the law or act, then this issue may become a matter of dispute.
Devendra
From India, Pune
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I have gone through the said provision, but there is no indication of the issue mentioned; all legal clauses are present. So, it is clear that this issue is a part of the management policy, and any management can formulate the policy as they wish. Regarding the mentioned issue, if any employee or union asks us about the law or act, then this issue may become a matter of dispute.
Devendra
From India, Pune
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I agree with Mr. B.K. Bhatia's explanation. The company's policy must clearly state whether a holiday in-between two leaves is to be considered as paid leave or not. To my understanding, there is no law governing this issue.
Thank you.
From India, New Delhi
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Thank you.
From India, New Delhi
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Dear All,
To my knowledge, there is no Act or Rule which states whether holidays coming in between should or should not be counted as inclusive. It's a general practice with almost all employers for holidays and Sundays/weekly offs, etc., sandwiched in between a spell of leave not to be ignored. On the other hand, holidays, Sundays/weekly offs either suffixing or prefixing is normally permitted. It's better to ask your friends who work five days a week; they know the knack of this prefixing and suffixing. They are the masters in this.
Kumar S.
From India, Bangalore
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To my knowledge, there is no Act or Rule which states whether holidays coming in between should or should not be counted as inclusive. It's a general practice with almost all employers for holidays and Sundays/weekly offs, etc., sandwiched in between a spell of leave not to be ignored. On the other hand, holidays, Sundays/weekly offs either suffixing or prefixing is normally permitted. It's better to ask your friends who work five days a week; they know the knack of this prefixing and suffixing. They are the masters in this.
Kumar S.
From India, Bangalore
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Dear friend,
There are Casual Leaves and Earned Leaves. In the case of casual leaves, an employee can apply for leave on Saturday and Monday, with permission to avail of the public holiday on Sunday. In such a case, casual leave will be deducted for two days only, and Sunday cannot be considered a casual leave. In the case of Earned leaves, if the employee applies for leave from Saturday to Monday, including Sunday, the entire three days will be considered as earned leave granted. This is the general rule in all firms. However, leave rules are subject to the guidelines, norms, and standards prescribed by the concerned companies and firms according to their policies.
From Canada, Calgary
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There are Casual Leaves and Earned Leaves. In the case of casual leaves, an employee can apply for leave on Saturday and Monday, with permission to avail of the public holiday on Sunday. In such a case, casual leave will be deducted for two days only, and Sunday cannot be considered a casual leave. In the case of Earned leaves, if the employee applies for leave from Saturday to Monday, including Sunday, the entire three days will be considered as earned leave granted. This is the general rule in all firms. However, leave rules are subject to the guidelines, norms, and standards prescribed by the concerned companies and firms according to their policies.
From Canada, Calgary
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Dear Friend,
Greetings!
Your query depends on the company's leave policy (for white-collar employees). Normally, when taking CL on Saturday and Monday, Sunday would not be included as leave. However, in the case of sick leave and PL, Sunday would be counted.
Regards,
B. Saravanakumar
From India, Bangalore
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Greetings!
Your query depends on the company's leave policy (for white-collar employees). Normally, when taking CL on Saturday and Monday, Sunday would not be included as leave. However, in the case of sick leave and PL, Sunday would be counted.
Regards,
B. Saravanakumar
From India, Bangalore
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Dear all, if some one give any reference of act related to the asked question, then only ot will be benefit for all. Regards kamaldhiman
From India, Delhi
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From India, Delhi
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It depends on company policy, i think we should have employee friendly approach wherein Sunday is always a paid holiday, irrespective of prefix or suffix. Regards Javaid
From India, Mumbai
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From India, Mumbai
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Hello,
There are types of leave, namely earned leave, casual leave, sick leave, maternity leave, etc. If an employee takes earned leave on Saturday and Monday, then Sunday will also be considered as earned leave. However, if an employee takes casual leave for Saturday and Monday, Sunday will be excluded from the casual leave.
Thank you.
From India, Mumbai
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There are types of leave, namely earned leave, casual leave, sick leave, maternity leave, etc. If an employee takes earned leave on Saturday and Monday, then Sunday will also be considered as earned leave. However, if an employee takes casual leave for Saturday and Monday, Sunday will be excluded from the casual leave.
Thank you.
From India, Mumbai
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The Factories Act does not provide for wages on weekly holidays. However, the Kerala Shop Act does provide it. Usually, Sunday is included as leave except casual leave. All other things depend on company policy.
Varghese Mathew
09961266966
From India, Thiruvananthapuram
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Varghese Mathew
09961266966
From India, Thiruvananthapuram
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In my previous company, in the case of casual leave, Sundays and any holidays falling between two leave days are considered for leave. In the case of PL, such days were omitted. I think it depends upon company policy.
From India, Bangalore
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From India, Bangalore
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As per the Factories Act, leave is to be given for one day for every 20 days worked by a workman. Nothing else. No rule or law says how this is to be given or whether Sundays/Saturdays or intermittent holidays are to be considered as leave/holiday. Leave rules are set by the individual company and vary from company to company. You have to follow your company's set rule. There is no law prevailing in the country where you can approach for any clarification. It is purely company to company. You can see there is a lot of difference in the leave structures as well. Some companies give 10 days CL, 10 days Sick Leave, and 30 days PL, whereas the pattern is different in other companies. I know many companies follow exactly what is written in the Factories Act. There are many corporations where only a 5-day workweek is prevalent. As such, please follow your company policy on Leave.
Best regards
From India, Ahmadabad
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Best regards
From India, Ahmadabad
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Weekends and holidays are considered as paid leave as part of an employee's salary. If you deduct it from their leave balance, you will essentially be subtracting that leave twice – first from their leave balance and then from their salary. In this scenario, it is important not to deduct that day from the employee's leave balance.
Best regards.
From Egypt, Cairo
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Best regards.
From Egypt, Cairo
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If an employee takes leave before and after the Sunday/holiday, the leave will be calculated as paid leave. However, this differs from organization to organization, depending on the organization's policies.
Thank you.
From India, Madras
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Thank you.
From India, Madras
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Dear friends In probationary period PF and ESI is applicable?....Pls solve my issue By Asha (HR Executive)
From India, Madras
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From India, Madras
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PF & ESI are applicable from day one onwards whether the employee is on probation or not. Varghese Mathew
From India, Thiruvananthapuram
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From India, Thiruvananthapuram
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There are leaves called Casual Leave, Privilege Leave, and Medical/Sick Leave. Two days of either Casual Leave or Privilege Leave taken along with declared holidays will be considered as additional leave days. For example, taking Casual Leave (CL) on Saturday and Monday will be considered as 3 days' leave, and Sunday will not be considered a company holiday. However, if a candidate takes a Casual Leave and a Sick Leave on Saturday and Monday, respectively, then the leave taken by the employee will be only two days, as Sunday will be a company holiday. The same rule applies to weekly off pre and post leave days.
This is for your kind information.
From India, Madras
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This is for your kind information.
From India, Madras
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If employee is entitled for leave we will consider Sunday also as leave . If the employee is not entitled then the employee will go under LOSS OF PAY for all those three days.
From India, Bangalore
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From India, Bangalore
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I give below certain logic for dealing with prefixes/suffixes of leave.
In the case of CL (both Saturday and Monday) leave, the intervening holiday should not be considered for reckoning.
In the case of SL/PL (both Saturday and Monday) leave, there is every reason that the intervening holiday should be considered for reckoning. The understanding is that the person has availed the leave for sickness/personal work, etc., and continued/availed the leave for the same reason on Sunday as well.
However, there should be a policy created along these lines.
Murugesan R
murugesan_r63@yahoo.com
From India, Chennai
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In the case of CL (both Saturday and Monday) leave, the intervening holiday should not be considered for reckoning.
In the case of SL/PL (both Saturday and Monday) leave, there is every reason that the intervening holiday should be considered for reckoning. The understanding is that the person has availed the leave for sickness/personal work, etc., and continued/availed the leave for the same reason on Sunday as well.
However, there should be a policy created along these lines.
Murugesan R
murugesan_r63@yahoo.com
From India, Chennai
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In my company, we are working for 5 days per week, Monday to Friday and if I take 2 days leave for example Monday and Friday they will not take Saturday and Sunday as part of the leave.
From South Africa, Pretoria
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From South Africa, Pretoria
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Yes, I am working in an IT company and my company also has the same policy. If we take leave for Saturday and Monday than 3 days salary has deducted...
From India, Dehra Dun
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From India, Dehra Dun
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Dear Members,
I agree with Mr. Jeevarathnam. I have worked for an SSI unit. The Leave Policy has been decided mutually with the Staff & Labourers to have a cordial relationship. In our company, we have the policy of 1 PL for every 12 working days. Once a particular employee completes 240 days in a year, we used to calculate the balance working days (those who have attended work beyond 240 days) for leave - 1 PL for 10 working days.
Regards,
Ravi
From India, Mumbai
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I agree with Mr. Jeevarathnam. I have worked for an SSI unit. The Leave Policy has been decided mutually with the Staff & Labourers to have a cordial relationship. In our company, we have the policy of 1 PL for every 12 working days. Once a particular employee completes 240 days in a year, we used to calculate the balance working days (those who have attended work beyond 240 days) for leave - 1 PL for 10 working days.
Regards,
Ravi
From India, Mumbai
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In any of the Labour laws there is no such rule or regulation about the same. It will depence upon the rules and regulation of each company.
From India, Kochi
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From India, Kochi
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Dear All,
There is no provision that interprets when an employee takes consecutive leaves, including Sundays or weekly offs, whether it has to be considered as paid leave.
If you are aware of such a provision, please let us know along with the section of the particular law.
Regards,
Avinash K.
From India, Mumbai
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There is no provision that interprets when an employee takes consecutive leaves, including Sundays or weekly offs, whether it has to be considered as paid leave.
If you are aware of such a provision, please let us know along with the section of the particular law.
Regards,
Avinash K.
From India, Mumbai
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There is no rule or act to be considered as Sunday as leave when Saturday and Monday are taken as leave by the employees. It's up to the company policy. I think this is happening in some companies only. However, for festivals, you can't consider it like that. It's definitely paid holidays even if employees take leave before and after the festivals.
From India, Chennai
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From India, Chennai
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Respected All,
Can anybody please help me out to get the clarity as written below:
1. What is the hierarchical structure for HR & Admin dept from trainee to top level?
2. What is the percentage of increment for an employee joining a new company and what will be the case during a performance review for a new employee?
3. How many leaves can be allowed to an employee per year (both payroll and off-roll employees)?
Awaiting your reply.
From India, Bangalore
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Can anybody please help me out to get the clarity as written below:
1. What is the hierarchical structure for HR & Admin dept from trainee to top level?
2. What is the percentage of increment for an employee joining a new company and what will be the case during a performance review for a new employee?
3. How many leaves can be allowed to an employee per year (both payroll and off-roll employees)?
Awaiting your reply.
From India, Bangalore
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Dear Puspa1370,
These topics have been posted many times on citeHr. Before placing your query, you should search through earlier posts to see if they have already been discussed. This check will help you get your clarifications quickly, as the information may already be available instead of waiting for new replies.
1) Use this link: https://www.citehr.com/439767-sap-hr...structure.html
2) This was also discussed earlier. However, there is no hard and fast rule regarding the minimum percentage of increment to be given to employees. Generally, the percentage of increment could follow what is practiced in the specific line of business and sister concerns. It will also depend on the basic salary structure; for example, some firms follow a CTC pattern, some increment on basic pay, and some on an overall percentage of gross salary. Some firms give lump sum increments for exceptionally performing employees, sometimes even a 20 to 30% increase. For underperformers, there may be no increment or it could be withheld/deferred. A fair rate could be a 10 to 15% annual increment on the basic pay.
3) The leave matter was also discussed recently. Refer to the attached article for further information.
Kumar S.
From India, Bangalore
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These topics have been posted many times on citeHr. Before placing your query, you should search through earlier posts to see if they have already been discussed. This check will help you get your clarifications quickly, as the information may already be available instead of waiting for new replies.
1) Use this link: https://www.citehr.com/439767-sap-hr...structure.html
2) This was also discussed earlier. However, there is no hard and fast rule regarding the minimum percentage of increment to be given to employees. Generally, the percentage of increment could follow what is practiced in the specific line of business and sister concerns. It will also depend on the basic salary structure; for example, some firms follow a CTC pattern, some increment on basic pay, and some on an overall percentage of gross salary. Some firms give lump sum increments for exceptionally performing employees, sometimes even a 20 to 30% increase. For underperformers, there may be no increment or it could be withheld/deferred. A fair rate could be a 10 to 15% annual increment on the basic pay.
3) The leave matter was also discussed recently. Refer to the attached article for further information.
Kumar S.
From India, Bangalore
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Hi Pushpa Everything changes form company to company. For increments there is no any standard %. It all depends on the performance. Please draft the policies for those to avoid confusions in future
From India, Bangalore
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From India, Bangalore
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Hi,
Just to add my view, I think Sunday should be considered a holiday itself, irrespective of prefix or suffix, because companies or organizations don't work on that day. So, there is no point in making it a leave, either paid or unpaid. Also, when employees who don't take leave get this benefit, why should it be on the employee who takes leaves for any reason?
I am not considering any policy or labor law, just common sense.
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Just to add my view, I think Sunday should be considered a holiday itself, irrespective of prefix or suffix, because companies or organizations don't work on that day. So, there is no point in making it a leave, either paid or unpaid. Also, when employees who don't take leave get this benefit, why should it be on the employee who takes leaves for any reason?
I am not considering any policy or labor law, just common sense.
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Dear friends,
The question raised by the Hr@centuywell is a very important question and to the best of my knowledge there is no law which deals with the problem broadly.
The all posts posted in this thread have different views which do not lead to a commonly acceptable solution of the problem in hand. Some fellow wants to know the legal solution while some advised practical approach and practices involves in various establishments.
Generally there are two enactments which described some aspect about the leave matters one is The Factories Act, 1948 other is Shop and Commercial Act. The later Act is State Act and as such the provisions of this Act differ State to State but generally can be said simultaneous in nature, I am not going to details thereof for the sake of briefty. One more important thing is to be noted that any establishment either must be registered with the Factories Act or Shop and Commercial Act irrespective of the fact that whether it is ran by a Company, Firm or Individual. As such for the point of view of legal solutions we have to consider the provisions of these two Acts only.
So far the provisions of Factories Acts are concerned the Section 79 is important in respect of the problem in hand. The Explanation 2 of the section 79 is read as under-
“The leave admissible under this sub-subsection shall be exclusive of all holidays whether occurring during or at either end of the period of leave.”
Here the word “holiday” has not been described whether it is weekly holiday or festival holiday.
The intention of the legislator is very clear here the any holiday in between the period of the leave or at the end of the leave will be exclusive of the leave and cannot be counted for.
The provisions of the Shop and Commercial Act do not give any idea about it to the best of my knowledge.
From the above a clear inference can be drawn the do not permit inclusion of any holiday fall in between the leave or at the end of the leave granted in respective of the fact whether it is a weekly holiday or festival holiday. However it can be said when there is no leave in the credit of a workman or he/she is on unauthorized leave inclusion of the holiday is permitted.
For the non workmen employees, on whom the provisions of the Act do not apply it, will be covered by individual leave policy of the concerned establishment.
Since there is a flaw in the wording of the Act it is being interpreted invariably. But the intention of the legislator is quite clear.
Now it is up to you, your company to decide what is to be adopted in your leave policy. But in my opinion if the employee concerned is on authorized leave on Saturday and Monday and has credit in his/her leave account Sunday (Holiday) should not be counted.
I would request all the viewers if they agree with my point on view should validate it by clicking the validate button to so that it would help me and many others to form the leave policy in future.
PKJain
From India, Delhi
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The question raised by the Hr@centuywell is a very important question and to the best of my knowledge there is no law which deals with the problem broadly.
The all posts posted in this thread have different views which do not lead to a commonly acceptable solution of the problem in hand. Some fellow wants to know the legal solution while some advised practical approach and practices involves in various establishments.
Generally there are two enactments which described some aspect about the leave matters one is The Factories Act, 1948 other is Shop and Commercial Act. The later Act is State Act and as such the provisions of this Act differ State to State but generally can be said simultaneous in nature, I am not going to details thereof for the sake of briefty. One more important thing is to be noted that any establishment either must be registered with the Factories Act or Shop and Commercial Act irrespective of the fact that whether it is ran by a Company, Firm or Individual. As such for the point of view of legal solutions we have to consider the provisions of these two Acts only.
So far the provisions of Factories Acts are concerned the Section 79 is important in respect of the problem in hand. The Explanation 2 of the section 79 is read as under-
“The leave admissible under this sub-subsection shall be exclusive of all holidays whether occurring during or at either end of the period of leave.”
Here the word “holiday” has not been described whether it is weekly holiday or festival holiday.
The intention of the legislator is very clear here the any holiday in between the period of the leave or at the end of the leave will be exclusive of the leave and cannot be counted for.
The provisions of the Shop and Commercial Act do not give any idea about it to the best of my knowledge.
From the above a clear inference can be drawn the do not permit inclusion of any holiday fall in between the leave or at the end of the leave granted in respective of the fact whether it is a weekly holiday or festival holiday. However it can be said when there is no leave in the credit of a workman or he/she is on unauthorized leave inclusion of the holiday is permitted.
For the non workmen employees, on whom the provisions of the Act do not apply it, will be covered by individual leave policy of the concerned establishment.
Since there is a flaw in the wording of the Act it is being interpreted invariably. But the intention of the legislator is quite clear.
Now it is up to you, your company to decide what is to be adopted in your leave policy. But in my opinion if the employee concerned is on authorized leave on Saturday and Monday and has credit in his/her leave account Sunday (Holiday) should not be counted.
I would request all the viewers if they agree with my point on view should validate it by clicking the validate button to so that it would help me and many others to form the leave policy in future.
PKJain
From India, Delhi
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Dear Sir,
Based on our self-study, an employee can avail 7 (seven) CL, 7 (seven) SL, and a minimum of 16 (sixteen) EL. Remaining CL cannot be carried forward to the next year, but both SL and EL will be carried forward to the next year with new calendar leaves.
With Regards,
Pankaj Bajpai
From India, Alwar
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Based on our self-study, an employee can avail 7 (seven) CL, 7 (seven) SL, and a minimum of 16 (sixteen) EL. Remaining CL cannot be carried forward to the next year, but both SL and EL will be carried forward to the next year with new calendar leaves.
With Regards,
Pankaj Bajpai
From India, Alwar
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while we are taking long leave in means 15days like that then in that sunday include then how calculate leave days pls tell me
From India, Vellore
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From India, Vellore
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Sir,
I worked in an NBFC organization for 20 years, and at the time of retirement, I didn't receive any disbursement of Unavailed Leave amount, whereas I have availed 60 to 70 leaves during my service period. Am I entitled to my Earned Leave reimbursement for unavailed leaves?
I was in the Management Cadre, and the company was issuing circulars and setting an Earned Leave cap of 60 days per year, which had to be availed by all employees. It was mandatory to take such Earned Leave; otherwise, it would lapse at the end of March every year.
I understand that there is a rule of accumulating 300 leaves, and if leaves are not availed, they are supposed to be reimbursed.
Kindly assist.
Regards,
Vijay Grover
From India, Delhi
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I worked in an NBFC organization for 20 years, and at the time of retirement, I didn't receive any disbursement of Unavailed Leave amount, whereas I have availed 60 to 70 leaves during my service period. Am I entitled to my Earned Leave reimbursement for unavailed leaves?
I was in the Management Cadre, and the company was issuing circulars and setting an Earned Leave cap of 60 days per year, which had to be availed by all employees. It was mandatory to take such Earned Leave; otherwise, it would lapse at the end of March every year.
I understand that there is a rule of accumulating 300 leaves, and if leaves are not availed, they are supposed to be reimbursed.
Kindly assist.
Regards,
Vijay Grover
From India, Delhi
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Mr. Grover,
Your NBFC comes under the Shops and Commercial Establishment Act of the concerned state. Your encashment will depend on the provisions in that Act. As the company's policy is to avail the leave, you may not get the leaves encashed.
Varghese Mathew
From India, Thiruvananthapuram
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Your NBFC comes under the Shops and Commercial Establishment Act of the concerned state. Your encashment will depend on the provisions in that Act. As the company's policy is to avail the leave, you may not get the leaves encashed.
Varghese Mathew
From India, Thiruvananthapuram
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[QUOTE=varghesemathew;2090692]Mr. Grover,
Your NBFC comes under the Shops and Commercial Establishment Act of the concerned state. Your encashment will depend on the provisions in that Act. As the company's policy is to avail the leave, you may not get the leaves encashed.
Varghese Mathew
Thanks, Mr. Varghese, for the reply. In such cases where the Shops & Commercial Establishment Act is applicable, can a company make such a policy and issue a self-styled circular every year by keeping a cap of 72 days as Earned Leave for all employees, and the balance leaves get lapsed automatically? In fact, every year, the cap of Earned leave got reduced from 84 to 72, then to 60, and later on to 45 leaves, etc. The company ensured that all employees must avail of 30 days leave in a year, and if not availed by employees, then the leave gets lapsed automatically. The next year, on April 01, leaves get accrued automatically.
Please advise.
Thanks - Krishan Grover
From India, Delhi
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Your NBFC comes under the Shops and Commercial Establishment Act of the concerned state. Your encashment will depend on the provisions in that Act. As the company's policy is to avail the leave, you may not get the leaves encashed.
Varghese Mathew
Thanks, Mr. Varghese, for the reply. In such cases where the Shops & Commercial Establishment Act is applicable, can a company make such a policy and issue a self-styled circular every year by keeping a cap of 72 days as Earned Leave for all employees, and the balance leaves get lapsed automatically? In fact, every year, the cap of Earned leave got reduced from 84 to 72, then to 60, and later on to 45 leaves, etc. The company ensured that all employees must avail of 30 days leave in a year, and if not availed by employees, then the leave gets lapsed automatically. The next year, on April 01, leaves get accrued automatically.
Please advise.
Thanks - Krishan Grover
From India, Delhi
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You can handle it by reaching a settlement with the workers if they are affected. Otherwise, you have to comply with Section 9A of the Industrial Disputes Act. You should be able to accommodate employees taking leave that results in a loss of production or service.
Varghese Mathew
9961266966
From India, Thiruvananthapuram
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Varghese Mathew
9961266966
From India, Thiruvananthapuram
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Sunday or other closed holiday is not to be counted as on leave in case of Casual leave only. For Earned leave and Sick Leave, sunday would be included as Paid leave.
From India, Mumbai
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From India, Mumbai
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Hi, I am from Goa, working as an IT engineer. As I had joined a new company, they said I have the 2nd and 4th Saturday off. So last month, I was not there on Saturday as it was my off, and I didn't come on Monday, so my salary got cut for Saturday, Sunday, and Monday. Is it correct, or should the company notify us about this rule? They had given me a copy of the rules, but it was not mentioned. Please reply.
From India, Pune
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From India, Pune
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This is mainly based on the leave procedure and rules framed by the concerned firm or company. Every company or firm should have specific leave rules. The instant case has to be dealt with according to the leave rules of the company.
However, as far as government rules are concerned for the employees of state and central government, an employee can avail casual leave at a stretch up to 10 days, including Sundays, festival days, and holidays if any. According to this, in the instant case, if an employee applied for casual leave on Saturday and Monday, Sunday will be granted as a holiday only; it cannot be counted as leave or loss of pay. The employee is entitled to avail Sunday as a weekly holiday. Suppose the leave happens to be more than 10 days; then all the holidays and Sundays will be counted as leave to be deducted from his leave account. In the instant case of only three days of casual leave, the leave can be granted for Saturday and Monday, permitting the employee to avail Sunday as a holiday without any loss of pay or deduction from the leave account.
From Canada, Calgary
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However, as far as government rules are concerned for the employees of state and central government, an employee can avail casual leave at a stretch up to 10 days, including Sundays, festival days, and holidays if any. According to this, in the instant case, if an employee applied for casual leave on Saturday and Monday, Sunday will be granted as a holiday only; it cannot be counted as leave or loss of pay. The employee is entitled to avail Sunday as a weekly holiday. Suppose the leave happens to be more than 10 days; then all the holidays and Sundays will be counted as leave to be deducted from his leave account. In the instant case of only three days of casual leave, the leave can be granted for Saturday and Monday, permitting the employee to avail Sunday as a holiday without any loss of pay or deduction from the leave account.
From Canada, Calgary
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The issue is related to your organization's policy. If the employee is on paid leave, then Sunday or a festival day will be counted as paid leave. However, if the employee is on Casual Leave, then Sunday or a festival day will not be counted as a holiday.
From India, Mumbai
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From India, Mumbai
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If a employee take leave on Wednesday, Thursday, Friday, Saturday and rejoin to Monday, is it mandatory to deduct sunday salary or we can pay it as he resumes his job on monday.
From India, Chennai
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From India, Chennai
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Hi,
It's not mandatory always to do this because some employees may take these due to emergencies as well. As a best practice to control (if you don't want employees to take leave on weekends), you can introduce the concept of long weeks. For example, if an employee is taking leave for more than 10 days, then include all Saturdays, Sundays, and national holidays as part of the leave. Otherwise, only working days will be considered for leave balance deduction.
Such concepts will keep employees happy and aware that Sundays will be deducted, allowing them to plan well in advance.
From India, Bengaluru
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It's not mandatory always to do this because some employees may take these due to emergencies as well. As a best practice to control (if you don't want employees to take leave on weekends), you can introduce the concept of long weeks. For example, if an employee is taking leave for more than 10 days, then include all Saturdays, Sundays, and national holidays as part of the leave. Otherwise, only working days will be considered for leave balance deduction.
Such concepts will keep employees happy and aware that Sundays will be deducted, allowing them to plan well in advance.
From India, Bengaluru
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