Dear member
Normally salary will be paid for 30 days in a month.( It will be for staff members)
Wages will be paid to workmen. ( The calculation will be for 26 days of work performed in a month)
In case of staff members, the 7th day Sunday will also be treated as leave day because he has not worked for 6 days in that week to earn/get weekly day with pay.
In case of workmen, the days actually worked will be the criteria for wage calculation. In normal course also, he will not get weekly wages as his wage will be calculated for 26 days of work.
From India, Hyderabad
107Normally salary will be paid for 30 days in a month.( It will be for staff members)
Wages will be paid to workmen. ( The calculation will be for 26 days of work performed in a month)
In case of staff members, the 7th day Sunday will also be treated as leave day because he has not worked for 6 days in that week to earn/get weekly day with pay.
In case of workmen, the days actually worked will be the criteria for wage calculation. In normal course also, he will not get weekly wages as his wage will be calculated for 26 days of work.
From India, Hyderabad
Dear Members
Standard Leave Policy Will Follow the Guidelines and Provisions of Different Act & Statutes
--> Earned Leave / PL = ( Governed By Factory Act / State Shops & Establishment Act)
Under the Provision of Factory Act (Sect 52 & 79 ) ,
On Actual Working of 20 Days, One Leave will be earned credited in employee's leave account.
The Manner How One Can Avail will be governed by Respective HR Policy / Standing Order's
provision. Generally PL will be counted if the leaves are required more than 03 days and needs advance sanction from the department. If the leaves are continued and any weekly Off / Holiday falls between two leave dates , the Off will also be counted as Leave unless the next day will be considered with working. ( Organization may form some separate Suffix / Prefix Policy in Case of Earned Leave)
Casual Leaves are only governed by Standing Order , there are no any provisions in Factory Act and Rules. Similarly Sick Leaves are governed by certified Standing Order of the Company.
( Generally Casual Leaves are availed in casual / urgent requirement and and be not more than 3 days in one time )
From India
Standard Leave Policy Will Follow the Guidelines and Provisions of Different Act & Statutes
--> Earned Leave / PL = ( Governed By Factory Act / State Shops & Establishment Act)
Under the Provision of Factory Act (Sect 52 & 79 ) ,
On Actual Working of 20 Days, One Leave will be earned credited in employee's leave account.
The Manner How One Can Avail will be governed by Respective HR Policy / Standing Order's
provision. Generally PL will be counted if the leaves are required more than 03 days and needs advance sanction from the department. If the leaves are continued and any weekly Off / Holiday falls between two leave dates , the Off will also be counted as Leave unless the next day will be considered with working. ( Organization may form some separate Suffix / Prefix Policy in Case of Earned Leave)
Casual Leaves are only governed by Standing Order , there are no any provisions in Factory Act and Rules. Similarly Sick Leaves are governed by certified Standing Order of the Company.
( Generally Casual Leaves are availed in casual / urgent requirement and and be not more than 3 days in one time )
From India
Dear all, I have gone through the views, opinions, observations, explanations and interpretations given by various members. The particular question of the "vkey1904" was "According to act/law, please let me know if any personnel is on leave for whole week (Monday to Saturday), his / her 7th day (Sunday) should be considered as weekly off or continuation of leave."
In this context, I would like to draw your attention on the subject by referring chapter VI section 52 of the Factories Act 1948 which governs and regularize the weekly holidays. The weekly holiday ordinarily falls on Sunday but employers can substitute for Sunday any of three days preceding or following under intimation to the inspector. The continuous working should not be more than 9 days.
Keeping in view of the intention of section 51 and 52, in my opinion, weekly off is admissible to a person who renders 48 hours working in a week. As such if a person remained on leave for Monday to Saturday he is definitely not entitled for paid weekly off on Sunday and Sunday will be counted in his leave. The Sunday will go in leaves irrespective of the fact whether the applicant has applied leave for Monday to Saturday or Monday to Sunday.
P K Sharma
From India, Delhi
In this context, I would like to draw your attention on the subject by referring chapter VI section 52 of the Factories Act 1948 which governs and regularize the weekly holidays. The weekly holiday ordinarily falls on Sunday but employers can substitute for Sunday any of three days preceding or following under intimation to the inspector. The continuous working should not be more than 9 days.
Keeping in view of the intention of section 51 and 52, in my opinion, weekly off is admissible to a person who renders 48 hours working in a week. As such if a person remained on leave for Monday to Saturday he is definitely not entitled for paid weekly off on Sunday and Sunday will be counted in his leave. The Sunday will go in leaves irrespective of the fact whether the applicant has applied leave for Monday to Saturday or Monday to Sunday.
P K Sharma
From India, Delhi
Dear friends,
As a matter of practice,in line with Standing orders, Service Rules and Factories Act 1948, Organizations allow three types of Leaves-Casual leave (CL), Sick Leave (SL) and Earned Leave or Privileged(EL/PL).First two types of Leaves-CL and SL are to be availed off, sanctioned in accordance with Leave Rules , to be classified and well defined in Service Rules or company's Standing Orders and Earned Leave (EL/PL) according to Factories Act.When it comes to write Leave Rules in Service Rules , employers very specifically handover along with Appointment letter a ready-made copy of Service Manuals wherein among various employment related aspects - entitlement of leaves , approval procedures etc are fully explained and announced as to how Leaves will be permitted/ refused .Service Rules are framed with basic aims and objectives that how employers will ensure and administer discipline , punctuality and attendance etc.
Here it comes fundamentals of Prefix and Suffix. Service Rules is signed by employee acknowledging at the time of his joining that he has read and understood.So it becomes rule binding for him, ofcourse a bilaterally signed agreement .
If prefix and suffix is there in Service Rules, it will be applicable as per the same.
I explain as a general practice how Prefix and Suffix are used broadly in companies. Suppose X has applied for 2 CL for Mon and Tuesday and Sunday is his w/ off, he is entitled and allowed 2 CL.In another condition, X applied for 2 CL for Fri and Sat but gentleman did not suppose reported on Monday, reported on Tuesday, then his Sunday and Monday will be counted as absent days. Here , he needs to apply two days leave not for one day.
Organizations where Standing Orders are applicable, or organizations have its own certified Standing Orders -Leave provisions are already applicable with signatures of employers and employees before his joining and a workman to whom the provisions of SO are made applicable, he also gives similar acknowledgement while he joins the company on day one.Standing Orders, as we all know, it contains clauses related to attendance , gate entry and exit, shift working ,misconducts, absence, discipline, punishments etc. In leave matters, again as explained above the management and employees have well written certified standing orders displayed over notice board at factory gate. If standing orders are not made applicable, then Service Rules are there . Normally, organizations of this age are observed having provisions of 7 to 10 CL and SL 10-14 days depending upon their age, capacity and policies.
Last comes to EL or PL.Entitlement of leave and sanction of same is in accordance with strict provisions of Factories Act. The working day or Leave days will be considered for payment.If you are absent on any working day, your leave application for absent days must be there duly sanctioned in advance by authority. It is earned leave, called so because employees are expected to earn, create Leave balance in credit then should avail off EL/PL.
Above is a broad guidelines in brief expected to be practiced by an employer.Though deviations and exceptions are there which can be explained based on its nature and extent wrt specific issues.
Regds,
RDS Yadav
Director,
Navtarang HR Services
and
Director-Future Instt. Of Engg. and Management Technology
navtaranghrs(at)gmail.com
From India, Delhi
As a matter of practice,in line with Standing orders, Service Rules and Factories Act 1948, Organizations allow three types of Leaves-Casual leave (CL), Sick Leave (SL) and Earned Leave or Privileged(EL/PL).First two types of Leaves-CL and SL are to be availed off, sanctioned in accordance with Leave Rules , to be classified and well defined in Service Rules or company's Standing Orders and Earned Leave (EL/PL) according to Factories Act.When it comes to write Leave Rules in Service Rules , employers very specifically handover along with Appointment letter a ready-made copy of Service Manuals wherein among various employment related aspects - entitlement of leaves , approval procedures etc are fully explained and announced as to how Leaves will be permitted/ refused .Service Rules are framed with basic aims and objectives that how employers will ensure and administer discipline , punctuality and attendance etc.
Here it comes fundamentals of Prefix and Suffix. Service Rules is signed by employee acknowledging at the time of his joining that he has read and understood.So it becomes rule binding for him, ofcourse a bilaterally signed agreement .
If prefix and suffix is there in Service Rules, it will be applicable as per the same.
I explain as a general practice how Prefix and Suffix are used broadly in companies. Suppose X has applied for 2 CL for Mon and Tuesday and Sunday is his w/ off, he is entitled and allowed 2 CL.In another condition, X applied for 2 CL for Fri and Sat but gentleman did not suppose reported on Monday, reported on Tuesday, then his Sunday and Monday will be counted as absent days. Here , he needs to apply two days leave not for one day.
Organizations where Standing Orders are applicable, or organizations have its own certified Standing Orders -Leave provisions are already applicable with signatures of employers and employees before his joining and a workman to whom the provisions of SO are made applicable, he also gives similar acknowledgement while he joins the company on day one.Standing Orders, as we all know, it contains clauses related to attendance , gate entry and exit, shift working ,misconducts, absence, discipline, punishments etc. In leave matters, again as explained above the management and employees have well written certified standing orders displayed over notice board at factory gate. If standing orders are not made applicable, then Service Rules are there . Normally, organizations of this age are observed having provisions of 7 to 10 CL and SL 10-14 days depending upon their age, capacity and policies.
Last comes to EL or PL.Entitlement of leave and sanction of same is in accordance with strict provisions of Factories Act. The working day or Leave days will be considered for payment.If you are absent on any working day, your leave application for absent days must be there duly sanctioned in advance by authority. It is earned leave, called so because employees are expected to earn, create Leave balance in credit then should avail off EL/PL.
Above is a broad guidelines in brief expected to be practiced by an employer.Though deviations and exceptions are there which can be explained based on its nature and extent wrt specific issues.
Regds,
RDS Yadav
Director,
Navtarang HR Services
and
Director-Future Instt. Of Engg. and Management Technology
navtaranghrs(at)gmail.com
From India, Delhi
Certainly, the 7 th day will be counted Leave only. Why because, he has not worked in that week to earn weekly off with pay. one should work for 6 days in a week to get one day weekly off with pay
From India, Hyderabad
From India, Hyderabad
Supriya
As you said it depends on the policies defined by the company. Dinesh Divekar and Rajesh Dubey have very cleverly defined it. I also have the same suggestion. I think VKEY, Mumbai your would have got a proper answer.
Thank you.
From India, Vadodara
As you said it depends on the policies defined by the company. Dinesh Divekar and Rajesh Dubey have very cleverly defined it. I also have the same suggestion. I think VKEY, Mumbai your would have got a proper answer.
Thank you.
From India, Vadodara
Well dis entirely depend on the prevailing leave policy of the company. But as per my knowledge is concern "In case employee has gone on leave from Monday to Saturday so in that case the succeeding Sunday ( if his/her regular off day) will be consider as W/Off. But if he/she fails to report for duty on Monday then the Sunday will be calculated as a leave day or absence day as the availability or approval of the HOD.
From India, Dhanbad
From India, Dhanbad
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