Hi, If someone takes a leave from Mon-Thurs is he/she eligible for taking Sunday off?
From India, Delhi
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From India, Delhi
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Dear Suman,
Authorized paid leave has to be treated as duty only. Therefore, an employee on authorized paid leave for a consecutive spell of three or four days within the week is eligible for the weekly off as usual.
From India, Salem
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6108Authorized paid leave has to be treated as duty only. Therefore, an employee on authorized paid leave for a consecutive spell of three or four days within the week is eligible for the weekly off as usual.
From India, Salem
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Hi,
Sir, I have a question here - if one employee has taken time off from Monday to Thursday (4 days in one week), does the employer have the right to deduct the employee's salary for Sunday as well?
In my case, I took time off from June 20th (Monday) to June 23rd (Thursday) but worked on June 24th (Friday) and June 25th (Saturday). However, my employer deducted my salary for 5 days (4 + 1 for Sunday). Is this deduction in line with labor laws? Can they cut my salary in this scenario?
Thank you.
From India, Delhi
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Sir, I have a question here - if one employee has taken time off from Monday to Thursday (4 days in one week), does the employer have the right to deduct the employee's salary for Sunday as well?
In my case, I took time off from June 20th (Monday) to June 23rd (Thursday) but worked on June 24th (Friday) and June 25th (Saturday). However, my employer deducted my salary for 5 days (4 + 1 for Sunday). Is this deduction in line with labor laws? Can they cut my salary in this scenario?
Thank you.
From India, Delhi
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Even in the case of leave without pay for 4 days, the question does not arise to deduct salary for 5 days. This is a wrong practice. To the best of my knowledge, there is no such rule under labor acts. (You may check the S & E act and rules of your State.) It is probably the organization's leave policy.
S K Bandyopadhyay (WB, Howrah) CEO - USD HR Solutions +91 98310 81531
USD HR Solutions – To strive towards excellence with effort and integrity
From India, New Delhi
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S K Bandyopadhyay (WB, Howrah) CEO - USD HR Solutions +91 98310 81531
From India, New Delhi
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Please share more details. Please also share more information about your company and your role (in which capacity /position are you working there and how long have you been working?
From India, Aizawl
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From India, Aizawl
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In no case should the preceding Sunday be treated as leave. There is confusion regarding the weekly off day or holidays that occur between leave days. It is common that, if you follow the Factories Act and the leave applied for is Earned Leave, then the weekly off day that falls between two leave days should be treated as a weekly off day only, and the employee's EL should not be debited. However, when your leave starts on a Monday, how can the employer deduct the salary for the preceding weekly off day, i.e., Sunday? It is not possible.
From India, Kannur
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From India, Kannur
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With respect to all senior members' opinion, it's true that nowhere in the Act is it mentioned to deduct/debit the salary of the preceding day, i.e., Sunday. So, if the employer has done so, it's illegal, and it's an unfair practice.
Regards,
Prashant
From India, Pune
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Regards,
Prashant
From India, Pune
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No,he is not eligible for Sunday off as he was not present in last 3 or 4 days as per my knowledge.
From India, Delhi
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From India, Delhi
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If a person is a daily-rated employee, Sundays (if he has not worked on Sunday) can be excluded along with other leave days when computing his/her wages. However, if the person is a monthly-rated employee, their salary includes payment for Sundays (the weekly off day) as well. Therefore, if he/she takes leave from Monday to Thursday, the preceding Sunday does not need to be deducted.
If he/she has remaining leave days, no deductions can be made from his/her salary.
From India, Aizawl
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If he/she has remaining leave days, no deductions can be made from his/her salary.
From India, Aizawl
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Sunday or any other day known as a weekly off is a statutory requirement under all laws, be it The Factories Act and/or the Shop & Establishment Act.
However, many employees misuse this facility by taking leave for 3-4 days in a week and then claiming a full weekly off. Sometimes, this is done under pressure due to the working staff's capability.
This behavior causes financial losses and disrupts discipline among other staff members in the organization.
To address this issue, we have implemented the following formula for salary/wage payments:
- Total number of days in a month: 30
- Total number of Sundays in a month: 4
- Total number of net working days: 30 (-) 4 = 26
- Monthly Salary of Staff Member: Rs. 26,000/- Per Month
- Daily Salary of Staff Member: Rs. 26,000/- Per Month / 26 = Rs. 1,000/- per day worked
- Number of Days actually worked by the Staff Member: Let's say 17 Days
- Salary Payable: Number of Working Days worked by Staff Member x Daily Salary of Staff Member
- Salary Payable in the present Case: 17 Days x Rs. 1,000/- = Rs. 17,000/-
This method of calculation ensures payment for the proportionate weekly holiday earned by the Staff Member based on the actual days worked.
This approach has received approval from Staff, Administration, and Owners of the Organization.
You may consider implementing this system in your organization.
Jawaharlal Moondra
98290 28028
jawaharlalmoondra@hotmail.com
From India, Jodhpur
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However, many employees misuse this facility by taking leave for 3-4 days in a week and then claiming a full weekly off. Sometimes, this is done under pressure due to the working staff's capability.
This behavior causes financial losses and disrupts discipline among other staff members in the organization.
To address this issue, we have implemented the following formula for salary/wage payments:
- Total number of days in a month: 30
- Total number of Sundays in a month: 4
- Total number of net working days: 30 (-) 4 = 26
- Monthly Salary of Staff Member: Rs. 26,000/- Per Month
- Daily Salary of Staff Member: Rs. 26,000/- Per Month / 26 = Rs. 1,000/- per day worked
- Number of Days actually worked by the Staff Member: Let's say 17 Days
- Salary Payable: Number of Working Days worked by Staff Member x Daily Salary of Staff Member
- Salary Payable in the present Case: 17 Days x Rs. 1,000/- = Rs. 17,000/-
This method of calculation ensures payment for the proportionate weekly holiday earned by the Staff Member based on the actual days worked.
This approach has received approval from Staff, Administration, and Owners of the Organization.
You may consider implementing this system in your organization.
Jawaharlal Moondra
98290 28028
jawaharlalmoondra@hotmail.com
From India, Jodhpur
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Actually, the law in most cases (factory, for example), says you are eligible for paid holiday after working for 6 days. Therefore, if an employee has worked for only 2 days in the week, he is not eligible for paid weekly off. The employer is very much entitled to deduct salary for the weekly off that comes subsequent to his working days.
In most companies, they do not bother to do it, and the system automatically considers the weekly off as paid. However, I am sure the HR will take action where it is being misused.
From India, Mumbai
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In most companies, they do not bother to do it, and the system automatically considers the weekly off as paid. However, I am sure the HR will take action where it is being misused.
From India, Mumbai
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I have a different interpretation about paid weekly time off. It is true that after 6 days of work (including authorized leave days), one should get one day off or rest for 24 hours. However, that need not necessarily be considered paid weekly time off. When the minimum wage per day is calculated by dividing the monthly wages by 26, the wages for the weekly time off are already included in this calculation.
Thank you for your attention to this matter.
From India, Kannur
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Thank you for your attention to this matter.
From India, Kannur
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