Dear All, Myself S Naga Raju working as a HSE Professional in XXX Management and travels pvt ltd, at Arakkonam near Chennai. My company registered under the Companies act, 2013 and Company rules 2014. Self-taken leave from 3rd Oct to 6th Oct with approval of the manager. HR department availed 6 leaves instead of 4 leaves including Saturday and Sunday deducted too.
HR Department statement.
Weekly off (paid holiday) is entitled and followed as per the shop and establishment act. Therefore weekly off is entitled to the staff who worked min 48 hrs in a week. Even I have mentioned these 3 to 4 days is on courtesy basis not in act. will not entitled for weekly off.
Please advice and help me how to handle the situation
Best Regards
Naga Raju
From India, Mumbai
1HR Department statement.
Weekly off (paid holiday) is entitled and followed as per the shop and establishment act. Therefore weekly off is entitled to the staff who worked min 48 hrs in a week. Even I have mentioned these 3 to 4 days is on courtesy basis not in act. will not entitled for weekly off.
Please advice and help me how to handle the situation
Best Regards
Naga Raju
From India, Mumbai
Dear Naga Raju,
The rule of HR on weekly off is correct.
The name itself is weekly off which means a off after week days working.
And mostly companies follow the rule of day preceding the leave and after day as leave.
In other words if an employee takes leave on Saturday and Monday Sunday also goes as a leave.
From India, Hyderabad
The rule of HR on weekly off is correct.
The name itself is weekly off which means a off after week days working.
And mostly companies follow the rule of day preceding the leave and after day as leave.
In other words if an employee takes leave on Saturday and Monday Sunday also goes as a leave.
From India, Hyderabad
if an employee takes leave on Saturday and Monday Sunday also goes as a leave. But when i take leave monday to friday why saturday and sunday counted as leave? saturday and sunday office is closed.
From India, Mumbai
From India, Mumbai
Dear Mr Nagaraju, Please refer to Tamilnadu Shops & Commercial Establishments Act & Rules for clarity.02/10/2017 was a Paid Holiday on account of Gandhi Jayanthi.The week commenced with 02/10/2017 (Monday) Entire week you were not present.Consequently, you are not entitled for Weekly Holidays/Offs i.e Saturday & Sunday
From India, New Delhi
From India, New Delhi
The interpretation of HR appears to be incorrect. In Section 11(2), the TN Shops & Establishment Act is contemplating employment for a total period including authorised leave to be six days. What is required is period of employment in the week and it is not actual working. So the two cannot be interchanged. It cannot be denied that the querist was on employment on 1st/2nd October and continued to be so during the entire week including sanctioned leave from 3rd-6th October. So there is a strong case in your favour and the deduction of two days additional leave is entirely unwarranted and improper, violative of Section 11(2) of the TN Shops & Establishment Act
From India, Mumbai
From India, Mumbai
What I understand from the post is that the Company is an "establishment" under the TNSE Act,1947 and the individual has taken leave ( what kind of leave is not mentioned though) for 4 days from 3-10-2017 to 6-10-2017 whereas the HR treated it as 6 days including the 7th and 8th october'17 which are the weekly holidays for the establishment which is objected to by the individual.
The establishment is following 5-day week from Monday to Friday with the following Saturday and Sunday being holidays common to all the employees in the establishment. Therefore, no employee in the establishment can work for a minimum of 48 hours or 6 days in a week as contended by the HR. Besides, I think that the HR might have been confused with "weekly-off" generally followed in a 7-day working establishment on rotation basis with the "weekly holiday" in a 5 or 6-day working establishment. Weekly-off presupposes that the employee should have worked for the preceding 6 days including authorised leave, if any to avail of the 7th day as the off. In an establishment adopting a 5-day week the rider clause in sec.16(1) of the TNSE Act,1947 can not be applied either generally or selectively. Even if it is contended that the employee should have worked for a minimum of 5 days or 40 hrs in the week to avail of the weekly holidays, it would be applicable only in respect of unauthorised absence and not in the case of duly sanctioned leave for the proviso includes the authorised leave in the minimum days worked. I also think that taking cue from the moratorium on deduction of wages imposed by sec.16(4) of the Act, the HR adjusted the two days as leave.
I, therefore, concur with the view of Mr.KK!HR.
From India, Salem
The establishment is following 5-day week from Monday to Friday with the following Saturday and Sunday being holidays common to all the employees in the establishment. Therefore, no employee in the establishment can work for a minimum of 48 hours or 6 days in a week as contended by the HR. Besides, I think that the HR might have been confused with "weekly-off" generally followed in a 7-day working establishment on rotation basis with the "weekly holiday" in a 5 or 6-day working establishment. Weekly-off presupposes that the employee should have worked for the preceding 6 days including authorised leave, if any to avail of the 7th day as the off. In an establishment adopting a 5-day week the rider clause in sec.16(1) of the TNSE Act,1947 can not be applied either generally or selectively. Even if it is contended that the employee should have worked for a minimum of 5 days or 40 hrs in the week to avail of the weekly holidays, it would be applicable only in respect of unauthorised absence and not in the case of duly sanctioned leave for the proviso includes the authorised leave in the minimum days worked. I also think that taking cue from the moratorium on deduction of wages imposed by sec.16(4) of the Act, the HR adjusted the two days as leave.
I, therefore, concur with the view of Mr.KK!HR.
From India, Salem
One correction please - the word " including" in the 5th line of my reply may please be read as " excluding".
From India, Salem
From India, Salem
Dear Mr. Nagraj,
The leave period of 2 days appearing as weekly off day should not be considered as leave, since it is not coming in between. This is erroneous decission on part of your HR. You check-up with leave rule of the establishment & description under the standing order, if any.
Regards
From India, Mumbai
The leave period of 2 days appearing as weekly off day should not be considered as leave, since it is not coming in between. This is erroneous decission on part of your HR. You check-up with leave rule of the establishment & description under the standing order, if any.
Regards
From India, Mumbai
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