Dear Seniors,

Can anybody let me know about the wages rule according to labor law? Whether it should be calculated on the basis of 26 days (4 weekly off) or 30/31 days. Many companies are following the second option, so all are requested to kindly clear the sky on the above-cited subject. Which method is most preferable according to the law? Kindly help.

Thanks,
Neetu Bisht
neetubisht9@gmail.com

From India, New Delhi
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Hi,

There is no law on salary calculation. As per the law, three days of continuous work require us to give one day off, so it totals to 26 days of working plus four weekly offs. Both calculations are preferable; according to my knowledge, the second one is better.

From India, Mumbai
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Dear Neetu, AS per law, after every 6 days, there should be as Off, which should be as paid holiday.. so, it means 26 +4.
From India, Mumbai
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Dear Neetu,

It is really an interesting concept / question for which I am looking answer from long back but I haven’t got the clear and crisp answer. However I will just try to give you some justification on it...

If you refer the Indian Legislation's you will come across the discussion on daily wages concept either in Minimum Wages Act or Payment of Wages Act. Apart from this the minimum wages notifications also released across India by the labour and employment dept. into daily and monthly basic wages which clarifies below things.

1) To calculating labour wages, we consider monthly wages for 26 days (excluding Sundays) and accordingly paid to them. However in this case we follow S&E Act, while paying daily wages employee is entitled for 1 day wages for working a week in that subsequent month, which means if an employee doesn't go for holiday except sunday he is entitled for complete minimum wages notified by authority.

2) But when we calculate for employee wages the same minimum wages is to be considered for 30 days (including with Sunday) and accordingly paid to them.

So it is summarized that while paying wages for labour category 26 days should be considered and for worker category it should be considered for 30 days.

I sincerely convey that this justification may be invalid and erroneous and would invite seniors to through some light on it.

Regards,

Janardan

From India, Mumbai
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Dear Friends,

A month is any one of the twelve periods of time into which the year is divided. We all know well that a year normally comprises 365 days, but a leap year has 366 days. When we divide 365 or 366 by 12, we get fractional values only, i.e., 30.41 and 30.5 only. However, in the English Calendar, some months have 30 days, some have 31 days, and the month of February has 28 or 29 days. In the Tamil Calendar, some months even have 32 days. Therefore, the number of days a month comprises is a matter of approximation for calculation purposes.

In the field of employment, wages or salary is, in general, the compensation given to the person employed in consideration of the work done by him or her. It may be based on the quantity of work done, piece-rate, or time taken in terms of hours, days, weeks, months, or years, or a combination of quantity and time. It depends upon the nature of work or the nature of the employment relationship. When the employment relationship becomes continuous or permanent, a consistent level of efficiency is expected from the employee, and to maintain it, the wages paid by the employer have to include the day of rest. Therefore, for the sake of convenience of calculation, a month is assumed to have 30 days or 4 weeks (though a week actually has 7 days).

Whether as a matter of religious impact or physical limitation, I don't know why the 7th day after continuous work for 6 days became a day of rest by convention and by law as well. By adding up the 26 days of actual work plus the 4 days of rest, a month is recognized to comprise 30 days as an economic reality for calculation purposes in the realm of employment. Regarding the justification given by Janardhan (with an element of well-founded doubt, of course), I would like to request him kindly to go through Rule 23 of the Minimum Wages (Central) Rules, 1950.

From India, Salem
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The total wages for the month should be equal or above the minimum wages per month whether you give the wages on 26 days or 30 days attendance.
From India, Trivandrum
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As per the Minimum Wages Act, wages should be calculated by dividing the monthly wages by 26 days to arrive at the daily wage. Gratuity should also be calculated using the 26-day formula. However, in the case of months with 30 or 31 days, there is no specific written document or section mentioning any alternative calculation method to my knowledge. Therefore, it should be calculated based on 26 days.
From India, Mumbai
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Sir,

Sh. Umakanthan M in his remarks has referred to Rule 23 of The Minimum Wages (Central) Rules, 1950, wherein the method to calculate the minimum daily rate of wages has been mentioned as dividing the minimum monthly rate of wages by 26. I would like to point out that under Rule 2(1-B) of the ESI (Central) Rules, 1952, there is also a provision for dividing the amount of wages by 26.

However, I would like to mention that a similar subject was previously discussed in detail on this CiteHR platform, with reference to the following post: "Monthly salary to be divided by 30 or 26 days??" https://www.citehr.com/349052-monthl...#ixzz36wuMoALh.

Thank you.

From India, Noida
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Working days in a month may be 26/27, where 4/5 weekly offs will fall accordingly as standard practice. Considering the weekly off in question being mandatory as per legislation, it is clear that 26/27 days may be held for calculating wages.
From India, Vadodara
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Since most of the labor laws like the bonus act, Gratuity, and minimum wages provide for calculation on a 26-day basis, it should always be 26. By doing so, we pay for off-day wages proportionately. In my opinion, it should be 26 days. The Factories Act provides for 1 day off for every 6 days worked. There is no provision for a part off day or off day for less than 6 days of work. Most employers adopt a practice of paying proportionate off-day wages. However, for the calculation of Leave wages, it is again 26 days, as provided in the Factories Act and similar acts. Instead of adopting different methods of calculation, it should be made a standard of 26 days. This stops all kinds of disputes with your wages.
From India, Jamshedpur
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Dear sir, AS per law, after every 6 days, there should be as Off, which should be as paid Holidays, which means 26+4 Jeevajothi k Complainces Executive.
From India, Chennai
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The Factories Act provides for weekly off ,not wages for the weekly off. Varghese Mathew
From India, Thiruvananthapuram
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Dear Seniors,

The daily rate under the Minimum Wages Act is fixed taking into account 6 days of working in a week, and the wages for the 7th day, i.e., Sunday, are included in the daily rate that is fixed. This is for the daily-rated employees whose number is higher in unorganized sectors like mines and factories, especially those working as contract labor under different contractors.

For arriving at monthly wages, the number of days considered is 26 days, excluding the 4 Sundays. However, for monthly salaried employees, benefits are calculated on a 30-day basis.

Hope this explanation is correct. I kindly request observations and comments from seniors.

Email: c.neyimkhan@gmail.com
Date: 10.7.2014

From India, Bangalore
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Dear Neetu,

It is clear that "Weekly Off" and "National Holidays" are our own, besides some "Festival Holidays" as approved by the Government. The fact is that the calculation asked by you is always at 26, but it is a bad practice and tendency of the industrial personnel to calculate at 30. Everybody knows all the benefits are to be paid at 26 days of working, so why is the calculation of salary at 30, 31, or 28 days of the month?

That's why a daily wage worker is always being paid excluding Sundays.

Regards, Tejpal Negi

From India, New Delhi
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Anonymous
Dear Neetu,

As per the Minimum Wages Act, daily wages are provided. An employee working for 6 days is eligible for a paid day off on the seventh day. Therefore, the total wages cover 7 x 4 = 28 days plus any additional days worked in the month. This effectively spreads the daily wages over 30/31 days. When calculating allowances, only the working days, totaling 26, are considered.

Thanks and Regards

From India, Mumbai
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Wages Payment means payment for the working days in a month. Therefore, a calculation based on 26 days per month is appropriate. Payment for 30/31 days is also acceptable. According to the institution's policy, payment is made for 26/30/31 days as applicable. As per the Payment of Wages/Minimum Wages Act, the calculation is based on 26 days only.
From India, Hyderabad
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Dear Neetu,

The minimum wages are arrived at by dividing 26 days; therefore, it is advisable to take 26 days as the basis for calculating wages for purposes such as leave encashment, OT, etc. However, nowhere is it mentioned under any labor laws.

Regards,
Madan Singh

From India, Delhi
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Dear Friend,

Find below clarification regarding your query:

a) To arrive at daily rates, monthly rates will have to be divided by 26, and to arrive at weekly rates, daily rates will have to be multiplied by 6.

b) A normal working day shall consist of 8.30 hours, including a half-hour interval for rest.

c) One day in any period of seven days, as may suit local convenience, shall be the day of weekly rest.

d) The Minimum rates of wages include the wages for the weekly day of rest. Payment for work done on the day of the weekly rest and for work done beyond the normal working hours shall be double the ordinary rate of wages.

e) Where the existing rates of wages of any employee based on contract, agreement, or otherwise are higher than the rates notified in the Minimum Wage by the State Govt, the higher rates shall be protected and treated as Minimum rates of wages applicable for the purpose of notification issued by the State Govt. to such employees.

f) The Minimum rates of wages applicable to the employees employed by the contractors also.

g) The Minimum rates of wage for disabled persons shall be the same as the workers of the appropriate category.

h) Men and women shall receive the same rates of wages for the same work or work of a similar nature.

i) The Minimum rates of wages and variable dearness allowance, if any, both constitute the Minimum rates of wages and shall be enforceable under the Minimum Wage Act, 1948 (11 of 1948).

In conclusion, I wish to add that monthly wages include all weekly off days. But while calculating daily rates of wages, monthly wages should be divided by 26 days.

Sibabrata Majumdar

Management Consultant Legal

Kolkata,

From India, Calcutta
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Dear All,

In my view, 26/30 and 31 are different as per the law. 26 refers to working days, and 30/31 are pay days. In the case of salary payment for monthly wages, working days will be the actual working days, excluding weekly or any other off/holiday. If you receive wages based on daily wages, then you should consider the working days/pay days.

Regards,
Sushil Kumar

From India, Bareli
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Whether you take 26/27 (there are 27 working days in some months), 28 or 29 (Feb), 30, or 31, you should apply the same formula for calculating one day's wages for payment of wages, leave surrender, and deduction for absence. The best way is to take 30 as per the General Clauses Act.

Varghese Mathew

From India, Thiruvananthapuram
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Lots of acts are discussed at great length. In my opinion, the article displayed on the website of the Ministry of Manpower sufficiently provides the facts for the calculation of the gross salary payable for the month. It is calculated on the basis of the following formula:

Salary payable for an incomplete month of work = Monthly gross rate of pay x Total number of days the employee actually worked in that month / Total number of working days in that month.

Where the total number of working days in the said month should correspond to the actual working days of the month. In Ahmedabad, we have staggered days on Thursdays in Vatva Region. So, if in a month of 31 days there are 5 Thursdays, then the number of working days comes to 26. And if in a month of 30 days, it is 5, then it shall be 25. It is never fixed at 26 or 30.

The link to the above-mentioned law is as follows:

[Calculation of Salary - Ministry of Manpower](http://www.mom.gov.sg/employment-practices/employment-rights-conditions/salary/Pages/calculation-salary.aspx)

From India, Delhi
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If you are appointed through a contractor, you will be paid for 26 days a month. On the other side, if you are appointed through an organization, you will be paid as per the second option. There is no rule binding in this system. This is my practical experience.
From India, Gurgaon
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Hi Dears and Seniors,

Greetings to All. I feel that this is the right time to notice my clarification. Some companies are practicing deducting the weekly off if an employee is absent the previous day and the next day to Sunday (Saturday and Monday). Is this a right practice? Please help me.

Regards,
Selvam

From India, Madurai
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Dear Sir,

As I noticed in the above replies, it should be calculated with 31/30 days, not 26 days. However, in many companies, wages are calculated with 30/361 days.

In my view, if an employee is receiving a specified monthly salary, then there is no such rule. But if it's based on daily wages, then it is calculated on 26 days in a month.

Thank you.

From India, Dehra Dun
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Dear Nitu,

For the factory, the salary is calculated for 26 working days of the month out of 30 days. Four weekly offs are paid weekly.

For shops and establishments, the salary is calculated for 30 working days of the month of 30 days, including four weekly offs.

The difference in the above calculation is as follows:

Let's assume a person is paid 10000/- as their salary. If we go by the first calculation, then the per-day salary of the person would be 384.6. However, if we go by the second calculation, then the per-day salary of the person would be 333.3.

Now, let us assume that the said employee is on leave for three days due to illness. The salary deductible would be 1115.3 as per the first calculation and 999.9 as per the second method. The second method appears to be more beneficial for employees.

Therefore, the second method is better than the first method from the employees' point of view.

Regards,
Octavius

From India, Mumbai
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Hi all,

What an interesting topic you all are into! Don't worry, friends. Kindly follow any of the below simple steps. Nobody will question you.

Regarding the Weekly off, see the notification states as below: "The minimum wages shall be inclusive of payment of remuneration in respect of weekly day of rest."

There are two ways you can calculate wages as per the Factory Act:
1) 26 days as base days. This is applicable everywhere, including OT.
2) Now, this is the actual calculation, which can apply to many organizations and is not debatable.
For Monthly Wages:
Base days = Total days of the month (- minus) No. of Weekly offs
E.g., For Jan 2014: 31 (total days) - 4 (Sundays) = 27 days
For Feb 2014: 28 - 4 = 24 days
For March 2014: 31 - 5 = 26 days
And so on...

For OT, you have to calculate on 26 days (applies here as well).

Thanks.

From India, Mumbai
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Hello.

This doubt arises many times during wage and other calculations. I would suggest referring to the judgments by the Honorable Apex Court, High Court, as well as other relevant courts.

1. Hindustan Lever Limited vs Kasargod Devidas Rao And Ors. on 21 August 1989
2. Jeewanlal (1929) Ltd. Etc. vs The Appellate Authority Under The ... on 29 August 1984
3. Beed District Central ... vs State Of Maharashtra And Ors on 29 September 2006

Thanks & Regards,
Sanjit Patel

From India, Ahmadabad
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Dear,

The following wage categories are defined by the state and central government:

1. Monthly Wage
2. Daily Wage

Wages for workers are calculated based on 26 working days, while salary for staff and employees is based on 30 days. In both cases, every six days of work entitles the employee to one holiday, and every 20 days of work entitles them to one paid leave.

From India
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Sanju,

All the above cases were about the computation of one day's wages for gratuity, wherein the Court followed the Supreme Court decision in Digwijay Mills' case of 1980. They are not dealing with one day's wages for payment or deduction of one day's wages for salary.

Varghese Mathew
09961266966

From India, Thiruvananthapuram
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Dear Neetu,

Kindly go through the Minimum Wages Act notification, which is issued every six months. It clearly states that the wages are for 26 days, inclusive of Sunday, and any duty done above that is considered overtime. This notification is released when the DA (Dearness Allowance) is changed.

The contractor receives payment for 26 days from you and pays for 30 days to labor. This is something you need to check.

Captain Rajeshwar Singh

From India, Thana
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Dear Sir, If wage period is 22nd to 21st then what should be the payment disbursement date according to law. Satyanarayan
From India, Mumbai
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Hello All,

One question has arisen in my mind: if a laborer is working in an industry under the contract labor act, is he entitled to a paid weekly off or not? If yes, please let me know the details about it. Is there any law for monthly rated employees?

Thank you.

From India, Pune
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WE ARE PAY DAILY WAGES according to 26 days but for the month of june 2019 5 weekly off & we are not pay for any sunday. so how we are adjust the 26 days in june 2019
From India, Delhi
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Dear CiteHR Members. Sir, 12.7.19.

SUB: IMPORTANT H.R. SYSTEMS, RULES, Forms (SRF) to SET UP /
Work H.R.Dept. - LEAVE CARD (L.C) Vs. LEAVE APPN. (L.A.)
BENEFITS OF ADOPTING LEAVE CARDS
(Abbreviations used to save space).
================================================== =========================
I am providing Training to Company Officials, P&A Mgrs.,Freshers; to ASSIST them to improve/update their P&A works with S.O.P. for Factory, Mines, all Estts., Office Admn; HR Auditing, Recruitment, Attendance, Salary-Benefit , Leave Admin., Grading of employees, PA, PMS, MIS., T&D, All Rules, Procedures, Legal, Statutory Compliance, C.L., Regn., Licence, PF, ESI, Inspection by F.I.,L.I.etc., from Recruitment to Separation - with all Systems, Rules, Forms for H.R. Management - in Soft & Hard Copy - for easy understanding & Adoption; to perform their works Professionally.
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The Mines Act, F.A., Shops & Estt., MW, PWA,ESI,PF. etc., obliges every Co./ P.E., to maintain Regr.of Attendance, Wages, Leave Card, Co-Off Regr. etc.,
The Leave Card System for applying for Leave; was introduced by JSW in 1996 and I introduced it in SLL in 1998, VSL Steels, Automobile Cos., 5 Star Hotels & Other Cos. (M/s. BKG., Kirloskar, Kalyani, SLR. etc., have adopted L.C. due to its several Benefits (mentioned below) to the Co.'s. P&A works.)
SOME OF THE BENEFITS OF USING L.C. ARE GIVEN BELOW.
==============================================
1. Every Mgmnt. is obliged to maintain / issue Leave Card as per Labour Acts. This Rule facilitated adoption of Leave Card System for better Leave Administration & Accountability which was ignored’ since P&A Mgrs. are not informed about the Benefits (NECESSITY & UTILITY) of Leave Card Systems given below.
2. The FactoHR Systems etc., will improve MIS, Pay-roll etc., whereas; the Leave Card is used to regulate, facilitate Leave Admin. of the employees. P&A.Dept., HODs. will have more control over Leave matters when L.C. is used as they can check the L.C. to verify, tally leave details whenever required; monthly; qrtrly, half yrtly, yrly etc.; which is difficult with the existing Loose Leave Appn.Forms as they cannot be filed.
3. As the present Leave Appn. is loose & 100s of such Appns. comes to HR Dept., Seniors cannot Check, keep track, tally with Biometric data as can be checked with Single Leave Card & hence, many P&A Mgrs. have to Certify the Attendance for payment of Salary; as put up by the Dept. Staff. In case of discrepancy; or Employee’s Complaint, Enquiry; tracing of old L.A. is difficult; will delay Salary Processing, complaints to Seniors etc.,
4. Since some employees will take 2-3 times leave in a month, Company has to Print thousands of copies of L.A;, as against Printing of
1 Leave Card for 1 employee for 1 year.
5. Many L.A.,are zeroxed due to urgency; increasing the HR Dept. Cost. L.C. Saves printing & zerox Cost where lot of empl’s. work.
6. The important Managerial work of P&A Dept.i.e., to check / tally Attendance cannot be done or is ignored since; P&A Dept.has not adopted L.C.System.(Finance Dept.can check & tally all expenses a/c.). One reason for not adopting L.C. is; many HR Mgrs/GMs.are not informed about the Benefits (NECESSITY & UTILITY) of adopting LC for P&A works.
7. In the case of L.C.; since there will be only one Card for every employee for one year, the HODs, HRD., Accts., Auditors, Sanctioning Authority-GM/MD can see, check the LC. whenever it goes to them. It helps them to check the correctness of all Leaves; especially; P.L. as it is CASH. This Check itself will reduce the mistakes; change the attitude of all P&A.Ofcrs. to check the L.C. when it comes to them
(AND EVERY L.C. MUST GO to P&A. Officers to help them to PERFORM THEIR MANGERIAL WORK OF VERIFICATION). It makes the employees extra cautious and helps them to plan to take leave unlike in the case of Loose L.A. which only helps to get sanction of Leave from his HOD & post in Leave Regr.
8. In big Cos. with 100+ employees; some empls. don’t regularize their absence immediately & the Columns in the Attendance Regr. will remain blank till month-end; giving scope for malpractices; since P&A Mgrs. cannot compare loose L.A. with Attend.Regr. If L.C. is adopted, all empl.s & Time Keepers will be forced to regularize the leave immediately; since HRO can easily compare blank columns in Attend.Regr. with LC.,which is not possible with loose L.A. as LA is kept away after leave is sanctioned. HRO will question T.K. & empl. when any column is left blank & this check alerts all empl.s. to regularize the leave & make Salary processing fast.
9. Even if you have 10 persons, LC will help HRD, HOD, GM/MD to keep track & regulate Leave taking; instead of the existing Leave Appn.(LA).
10. As L.C. is a manually entered and checked by P&A, Auditors, Accts., GM/MD., it is accepted by all as Authenticated & Seniors rely for its correctness. Hence, L.C. helps to compute Leave, make Pay Roll & F.S. work easy & fast.
11. IF YOU HAVE NOT YET ADOPTED L.C; TO START WITH; U MAY MAKE IT AS
UNDER:
1. One side of the Leave Card to apply for Leave &
2. Backside; u can print Leave Rules for the infn.& compliance of all employees so that;
in one Card; u can get both the works done & u will have an effective & useful System in place for Leave Management.
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13. The L.C. will control / monitor Leave, absenteeism & help HODs, HRMgrs, Auditors; faster their Certification of Attendance for Salary besides; L.C. will be a Proof to be kept in Per. File of all employees to verify throughout their service; unlike the existing loose LA which cannot be traced after sanction of leave as they are not kept in Per.file.
14. SICK LEAVE for 3+ days: When an employee require S.L. for 3 days & above; he must give SICKNESS Infn.+ Medical Certificate (as per format) giving the details of the Medical problems & entering No.of days S.L. required in the LEAVE CARD.
15. M.B. LEAVE: When Women employee requires M.B.Leave; she must apply in the prescribed Form giving details of the Maternity, period of MB Leave required etc., with Medical Certificate & entering the No.of days MB Leave required in the LEAVE CARD.
16. 5 NATIONAL Holidays are FIXED as per the Holidays Act. 3-4 FESTIVAL HOLIDAYS can be FIXED & the remaining Festivals can be made OPTIONAL so that the employees belonging to different Languages, Cultures, Religions are enabled to observe the Festival he wants to take in a year. LEAVE CARD helps to keep track No.of O.H. taken & ensures that they take the permitted Festivals only (Pl.read; How Holidays List is made with O/R Holidays given in the Attachment).
17. The existing System of applying for Leave Online, Punching, Face Reader Bio-metric etc., will continue. Only the L.A.Form will be replaced with L.C. for several benefits for the Co.’s P&A function.
My New Leave Card on 1 side will help employees to apply for leave & Leave Rules on reverse side will fulfill Cos.obligation to inform Leave Rules to them.
18. INTRODUCING LEAVE CARD (L.C.) & Stopping L.A.:.
LC is handy, HR Mgr, Seniors, HODs, Auditors, GM/MD etc., can always Check CL,SL,PL,OH,LWOP etc., details, balance, tally, Find No. of times, days Leave taken, totaling errors, to Calculate all leaves taken ( Monthly) to make Salary. LC is a Statutory Record. It cannot be manipulated like Loose LA. HRD & HODs can check mis-use & caution employees.
19. 1 Card for 1 Employee for 1 year.
After one year, keep old LC in Per.File as Record to verify throughout their service. Easy for P&A. to work out Leave Entitlement, Balance Leave, Salary preparation & Leave Administration. It is cheap & easy to maintain. Empl. will know how often he is taking Leave & will help them to plan their taking of leave. HOD can caution Mis-use/approve on need basis. Custody-P&A.Dept./HODs.
20. As the CL, SL, PL of every employee will be mentioned in every Leave Card, & Leave Rules also printed; employees; specially in Prodn., O&M, Essential Service etc., approaching HR Dept. frequently to know leave balance; Leave Rules can be avoided. Also; HODs time is not wasted to contact P&A. to know Leave balance to sanction leave to his employees.
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22. FINAL SETTLEMENT – (F.S.):
As the L.C. is frequently checked by HRM, HODs, Auditors, Accounts & employee, the GM / MD can rely on L.C. as an accepted document for Leave encashment, DOJ, etc., and approve F.S. & avoid employee disputing Leave balance, total Service etc, while leaving service, making F.S., Thus; LC helps the process of Relieving smooth & avoid complications.
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===================
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Ph: 9535470460- E-Mailid:
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From India, Mumbai
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whats is leave draft.pls send me madam
From India, Puducherry
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Dear Friends,

As gratuity and bonus are calculated for 26 days, why can't we calculate the salary for 26 days and include 4 W/O? Is there any rule in Karnataka that specifies the same?

Regards,
Vivek

From India, Bengaluru
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Straight away, as per the Minimum Wage Act, for the calculation of wages, etc., 26 days should be considered. This means there is no need to account for any days in the month; simply consider 26 working days and calculate the monthly wage. For the payment of monthly wages, the following should be taken into consideration:

Total wage days as per the Act: 26 Days
Less: Total Leave/Absent days: 02
Wages should be paid for 24 days, and PF, Gratuity, retrenchment, leave wage, etc., should be calculated accordingly.

Regards,
Nitin S.

From India, Lucknow
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