I would like to know how to inform all the employees that Saturday and Sundays would be included from next month in leave without pay.
From India, Noida
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1From India, Noida
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A leave without pay, or for that matter a leave and holiday, are different. As per the Shop and Establishment Act, a person can't work for more than 9 hours a day and 48 hours a week. Therefore, you are required to give a holiday after every 6 days at the maximum. This is also the case with the Factories Act.
For laborers receiving daily wages, holidays are automatically unpaid. However, for salaried employees, Saturday and Sunday, as well as all weekly offs and holidays (at least 12 in a calendar year), are paid holidays. If you inform your employees that Saturday and Sunday are going to be unpaid days, there is a risk of causing trouble for your organization. Advice from seniors is eagerly awaited.
I hope this helps clarify the situation. Let me know if you need further assistance.
Best regards
From India, Mumbai
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For laborers receiving daily wages, holidays are automatically unpaid. However, for salaried employees, Saturday and Sunday, as well as all weekly offs and holidays (at least 12 in a calendar year), are paid holidays. If you inform your employees that Saturday and Sunday are going to be unpaid days, there is a risk of causing trouble for your organization. Advice from seniors is eagerly awaited.
I hope this helps clarify the situation. Let me know if you need further assistance.
Best regards
From India, Mumbai
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This is clear voilation of the statute. As HR professional you need to advise your management accordingly. You must not make closed holidays as Leave Without Pay Munshi
From India, Delhi
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From India, Delhi
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I see similar mistakes being made by HR teams all over the country as they try to justify not paying for holidays and weekly offs for contract labor. The concept of daily wages is very specific and narrow. It applies to a worker who is paid every day for the work done on that day. Any worker who is paid monthly is not considered a daily wage earner by law. A contract worker is paid for the days he works. However, in computing the daily salary under the Minimum Wages Act, the payment for weekly offs is absorbed in the daily rate (the daily rate is 16% higher than the monthly wage rate). Therefore, saying that they are not paid for weekly holidays is incorrect.
From India, Mumbai
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From India, Mumbai
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HR Manual (Employee Hand Book).doc