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ServeHR
Dear All,
Neither will you get this answer in Factories Act nor in Shop & Establishment Act. The logic to be used here is on the basis of the employees payment methodology.
If the employee is appointed on Monthly Salary basis, Weekly off's are indirectly paid holidays in the month.
So, if the employee is absent on both days preceding & after a Paid Holiday, The Salary is to be calculated as if he/she was absent for that entire period.
Eg: If the Co. weekly off is Sunday & the employee is absent on Sat & Mon, It is to be calculated as if he was absent for 3 days & not 2 days.
I hope this is clear NOW.
Thanks,
Mehul Joshi
Consultant & Designated Partner
Serve HR Corporate Services LLP

From India, Mumbai
B.G.Nataraja
3

If an employee applies Casual Leave on Friday & Monday you need not consider weekly -off days as leave. But any weekly off and/or falls between the earned leave or sick leave then they are included in the leave period. This is the commonly followed policy in most of the organizations. Reg the no of leave days, YOU HAVE TO PROVIDE THE MINIMUM AS REQUIRED UNDER RULES. IT IS LEFT TO INDIVIDUAL ORGANIZATIONS TO PROVIDE ANYTHING MORE THAN STATUTORY REQUIREMENTS.
From India, Bangalore
amolshankar
"Mutuality of interest" is the punch line in every employer-employee relations. A sound, just and fair leave policy is the aim of all HR people. The balance has to be struck between "malafied intentions should not be benefitted" versus "bonafied intentions should not be punished" Accordingly the policy be designed.
From India, Pune
prashant borse
2

Hello Pankaj.. Generally for daily wages workers, leave encashment is given on "Basic Wage rate". we have such practice in our organization
From India, Nasik
mskram
I observe that the normal view is that in case of casual leave "sandwich" procedure is not followed, but in case of sick and earned leave, "sandwich" procedure is followed. I also understand that there is now law regarding this. However, one knows that Shop & Establishment Acts of different states provide for compulsory grant of earned leave and encashment of the same. In such a scenario, knocking of weekly off under the "sandwich" procedure may not be correct. A leave granted by a statute can not be taken away by company practice/procedure. I understand that many informed companies have done with "sandwich" procedure. However, some factories may follow the "sandwich" procedure by incorporating the same in the Standing Order which statutorily recognised.
From India, Madras
bijay_majumdar
365

Hi Asmitha,
Thr Leave Policies vary from comapany to company as per the work environment and working strategies,yet leagal binding is there as regards to min leave that is entitled to employees. As per Factories act for every 20 days working 01 Day paid leave/earned leave is entitled.Apart from this Weekly off is also mandatory,therefore When It is said for each 20 working day 01 day leave, will mean it excludes weekly off.However Policies can be made to suit your firm where employees can enjoy prefix and suffix days which are either falling as weekly off or closed holidays. All an Hr Must ensure that leave should be with in the statutary norms and yet benificial to employee and employer both.
Thanks
Bijay

From India, Vadodara
darshanoliver
HI Pankaj Encashment to be done considering his gross emoluments per day T he Calculation is Wages(Basic+Vad)/30*no.of leaves to be encashed
From India, Bangalore
amit.lipare
Dear sir,
in may there is days are 31. and our weeky off on monday is 4 so we claculate the salary by 27 days.
but in this month 1 may we give pay holyday, then can we calculate 01 may (sunday) in working days? we add +1 day for 1 may in there sallary.
plz tell me 27 working days ok or 26 working days ok?
Regards
AMIT

From India, Pune
TACHALE108
14

Hey asmi, little bit late to reply simply if any employee has taken continious leave along with holiday, it means such employee has using one working day of the company, so sunday will not be calculated as holiday.
From India, Pune
TACHALE108
14

Dear amit, understand ur question, replaying the same, have you ask any one about sunday leave, no na then likewise, simply we’ll consider that 1may as lwp.
From India, Pune
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