I have been seening many posts on this subject without any reference to legal position barring a few
1. Factories Act
This act has no provision for CL or Sick Leave and in a factory if you have introduced CL or Sick Leave, then whatever rules the Company has framed will be applicable. Providing extra leave is beneficial and hence whatever rules a Compoany frames will be legal. However, Factories Act also does not contemplate weekly off with wages. It provides for weekly off. Moreover, Earned Leave provided in Factories Act will count only the working days and any leave falling in between will not be counted.
Keeping this background in mind, let us examine further.
I already wrote in this posting that it depends on how we calculate wges for loss of pay leave. If we take 26 as denominator, then we do not consider payment for weekly off. Consider the following logic
1. Factories act provides for earned leave
2. It also provides for exclusion of Weekly off from counting earned leave. In other words, Sundays falling in between will
not be counted
3. With this logic, we normally use 26 as denominator in Factories wherever we have monthly rates. In daily rates, such
confusion will not occur.
4. If we use one logic for Earned leave, it does not mean that we need to use the same logic for CL or SL which are not
provided in law,
5. We can provide for inclusion of CL or SL in a factoryif a Sunday falls in between or we can exclude as well depending
on the Company's policy
2. Shops and Establishments act
This act provides for earned Leave and Casual leave and in some cases Sick Leave as well. This Act , in many States also provides for Weekly off with pay. This clause also puts a condition that to be eligible for weekly off with pay, an employee must have worked for 6 days in the week. The Act does not exclude counting of weekly off for Earned Leave or Casual leave
With the above as backdrop, let us examine the logic
1. The Act provides for Earned leave and Casual leave
2. Weekly off is paid
3. Hence monthly rate of wages need to be divided by 30 to arrve at Daily rate
4. If we arrive at daily rate by using 30 as denominator, then include weekly off falling in between paid leave.
5. however Minimum wages act prescribes divison by 26 to arrive at daily rate
6. This claue of Minimum wGes Act is applicable only where we restrict our payment to the prescribed minimum wages
7. In such an event, then exculde Sundays falling in between two paid leave
My submission in this forum on this subject is
1. Examine relevent legal provisions
2. Decide the denominator for arriving at one day wages for calculating loss of pay or over time or encashment of leave
3. That will bring out a logical conclusion as to whether Sundays falling between two paid leave can be counted as leave or not
Thanks
T Sivasankaran
From India, Chennai
3671. Factories Act
This act has no provision for CL or Sick Leave and in a factory if you have introduced CL or Sick Leave, then whatever rules the Company has framed will be applicable. Providing extra leave is beneficial and hence whatever rules a Compoany frames will be legal. However, Factories Act also does not contemplate weekly off with wages. It provides for weekly off. Moreover, Earned Leave provided in Factories Act will count only the working days and any leave falling in between will not be counted.
Keeping this background in mind, let us examine further.
I already wrote in this posting that it depends on how we calculate wges for loss of pay leave. If we take 26 as denominator, then we do not consider payment for weekly off. Consider the following logic
1. Factories act provides for earned leave
2. It also provides for exclusion of Weekly off from counting earned leave. In other words, Sundays falling in between will
not be counted
3. With this logic, we normally use 26 as denominator in Factories wherever we have monthly rates. In daily rates, such
confusion will not occur.
4. If we use one logic for Earned leave, it does not mean that we need to use the same logic for CL or SL which are not
provided in law,
5. We can provide for inclusion of CL or SL in a factoryif a Sunday falls in between or we can exclude as well depending
on the Company's policy
2. Shops and Establishments act
This act provides for earned Leave and Casual leave and in some cases Sick Leave as well. This Act , in many States also provides for Weekly off with pay. This clause also puts a condition that to be eligible for weekly off with pay, an employee must have worked for 6 days in the week. The Act does not exclude counting of weekly off for Earned Leave or Casual leave
With the above as backdrop, let us examine the logic
1. The Act provides for Earned leave and Casual leave
2. Weekly off is paid
3. Hence monthly rate of wages need to be divided by 30 to arrve at Daily rate
4. If we arrive at daily rate by using 30 as denominator, then include weekly off falling in between paid leave.
5. however Minimum wages act prescribes divison by 26 to arrive at daily rate
6. This claue of Minimum wGes Act is applicable only where we restrict our payment to the prescribed minimum wages
7. In such an event, then exculde Sundays falling in between two paid leave
My submission in this forum on this subject is
1. Examine relevent legal provisions
2. Decide the denominator for arriving at one day wages for calculating loss of pay or over time or encashment of leave
3. That will bring out a logical conclusion as to whether Sundays falling between two paid leave can be counted as leave or not
Thanks
T Sivasankaran
From India, Chennai
hi, shilpi
first tell me u r a Govt. employee or Pvt. employee? b'ze according Govt. rule in Govt. organization, PSU organization, Corporation, there is 02 days leave will be considered if sunday is week off. and only two days leave on sat & mon will be considered in case of casual leave but it will be three days considered in case of Earned leave.
if u wish to go law & order than go to DOPT website for more details & orders.
--
Regards
Sushil mainwal
9650365878
From India
first tell me u r a Govt. employee or Pvt. employee? b'ze according Govt. rule in Govt. organization, PSU organization, Corporation, there is 02 days leave will be considered if sunday is week off. and only two days leave on sat & mon will be considered in case of casual leave but it will be three days considered in case of Earned leave.
if u wish to go law & order than go to DOPT website for more details & orders.
--
Regards
Sushil mainwal
9650365878
From India
Hello Guys
I have a same query but in a different mode.
Saturday - 1st half day present
Sunday - Weekly Off
Monday - 1st half absent but Second half present
Then Sunday shall be paid or not??
Please clear me on this issue, because currently I'm facing this problem in my company and lots of employees are unhappy with this rule.
Regards
Jass
From India, Delhi
I have a same query but in a different mode.
Saturday - 1st half day present
Sunday - Weekly Off
Monday - 1st half absent but Second half present
Then Sunday shall be paid or not??
Please clear me on this issue, because currently I'm facing this problem in my company and lots of employees are unhappy with this rule.
Regards
Jass
From India, Delhi
Include in the Leave and adjust. Consider it as two days leave. Rules are not framed because employees are unhappy. Rules are framed for smooth functioning of a Company T Sivasankaran
From India, Chennai
From India, Chennai
Dear All Good afternoon; Anybody knows the following positions Minimum Wages in Tamil Nadu. 1. Warehouse Supervisors 2. System Operators 3. House Keeping 4. Casual Labours. Regards Dharani dharan V
From India, Bangalore
From India, Bangalore
sunday will pay either suffix or prifix, if it comes in between saturday and monday than it will be counted as 3 days leave. Regards Balwant
As per Factory Act, Earned Leave is exclusive of Sundays but in case of CL, it is management policy. It may be counted as three or two. This is the correct one I agree with Anuj
From India, Tirunelveli
From India, Tirunelveli
Greetings!
am overwhelmed to see such a great turn up for the query raised... many of you need answers from me to make my query more legalize and genuine....so here are the answers.
my company is a pvt ltd company.
sector of company- Travel agency.
no hard and fast rule is their in this company....
i hope i had made my self clear enough for making this query more apt.
From India, Delhi
am overwhelmed to see such a great turn up for the query raised... many of you need answers from me to make my query more legalize and genuine....so here are the answers.
my company is a pvt ltd company.
sector of company- Travel agency.
no hard and fast rule is their in this company....
i hope i had made my self clear enough for making this query more apt.
From India, Delhi
Dear Member
The Delhi Shops and Establishment act (section 22) only talks about the eligibility and not about the manner.
The companies leave policy will decide whether it is 2 days or 3 days.
Regards
Preetam Deshpande
From India, Mumbai
The Delhi Shops and Establishment act (section 22) only talks about the eligibility and not about the manner.
The companies leave policy will decide whether it is 2 days or 3 days.
Regards
Preetam Deshpande
From India, Mumbai
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