Dear All,
My name is S Naga Raju, and I work as an HSE Professional at XXX Management and Travels Pvt Ltd in Arakkonam near Chennai. Our company is registered under the Companies Act, 2013 and Company Rules 2014. I took leave from 3rd Oct to 6th Oct with the manager's approval. However, the HR department deducted 6 leaves instead of 4, including Saturday and Sunday.
According to the HR Department statement, a weekly off (paid holiday) is granted in accordance with the Shop and Establishment Act. This means that a weekly off is provided to staff who have worked a minimum of 48 hours in a week. It was also mentioned that the 3 to 4 days off I took were on a courtesy basis and not mandated by the act, hence not entitled to a weekly off.
I seek advice on how to handle this situation effectively.
Best Regards,
Naga Raju
From India, Mumbai
1My name is S Naga Raju, and I work as an HSE Professional at XXX Management and Travels Pvt Ltd in Arakkonam near Chennai. Our company is registered under the Companies Act, 2013 and Company Rules 2014. I took leave from 3rd Oct to 6th Oct with the manager's approval. However, the HR department deducted 6 leaves instead of 4, including Saturday and Sunday.
According to the HR Department statement, a weekly off (paid holiday) is granted in accordance with the Shop and Establishment Act. This means that a weekly off is provided to staff who have worked a minimum of 48 hours in a week. It was also mentioned that the 3 to 4 days off I took were on a courtesy basis and not mandated by the act, hence not entitled to a weekly off.
I seek advice on how to handle this situation effectively.
Best Regards,
Naga Raju
From India, Mumbai
Dear Naga Raju,
The rule of HR regarding weekly offs is correct. The term itself, "weekly off," signifies a day off after working for a week. Most companies adhere to the practice of considering the day preceding the leave and the day following the leave as part of the leave period. In other words, if an employee takes leave on Saturday, then Sunday and Monday are also considered as part of the leave period.
Thank you.
From India, Hyderabad
The rule of HR regarding weekly offs is correct. The term itself, "weekly off," signifies a day off after working for a week. Most companies adhere to the practice of considering the day preceding the leave and the day following the leave as part of the leave period. In other words, if an employee takes leave on Saturday, then Sunday and Monday are also considered as part of the leave period.
Thank you.
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 the Tamil Nadu Shops & Commercial Establishments Act and Rules for clarity. On 02/10/2017, there was a paid holiday in observance of Gandhi Jayanthi. The week began on 02/10/2017 (Monday), and throughout the entire week, you were not present. As a result, you are not entitled to the weekly holidays/off days, namely Saturday and Sunday.
From India, New Delhi
Please refer to the Tamil Nadu Shops & Commercial Establishments Act and Rules for clarity. On 02/10/2017, there was a paid holiday in observance of Gandhi Jayanthi. The week began on 02/10/2017 (Monday), and throughout the entire week, you were not present. As a result, you are not entitled to the weekly holidays/off days, namely Saturday and Sunday.
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 authorized leave to be six days. What is required is the 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 favor, and the deduction of two days of additional leave is entirely unwarranted and improper, violative of Section 11(2) of the TN Shops & Establishment Act.
From India, Mumbai
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 favor, and the deduction of two days of additional leave is entirely unwarranted and improper, violative of Section 11(2) of the TN Shops & Establishment Act.
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. However, the HR treated it as 6 days, including the 7th and 8th October '17, which are the weekly holidays for the establishment. This action is objected to by the individual.
The establishment follows a 5-day week from Monday to Friday, with the following Saturday and Sunday being holidays common to all 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. I believe the HR might have been confused with "weekly-off" generally followed in a 7-day working establishment on a 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 authorized 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, cannot 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 hours in the week to avail of the weekly holidays, it would be applicable only in respect of unauthorized absence and not in the case of duly sanctioned leave, as the proviso includes the authorized 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 follows a 5-day week from Monday to Friday, with the following Saturday and Sunday being holidays common to all 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. I believe the HR might have been confused with "weekly-off" generally followed in a 7-day working establishment on a 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 authorized 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, cannot 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 hours in the week to avail of the weekly holidays, it would be applicable only in respect of unauthorized absence and not in the case of duly sanctioned leave, as the proviso includes the authorized 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 a weekly off day should not be considered as leave since it does not fall in between. This is an erroneous decision on the part of your HR. Please check the leave rule of the establishment and the description under the standing order, if any.
Regards
From India, Mumbai
The leave period of 2 days appearing as a weekly off day should not be considered as leave since it does not fall in between. This is an erroneous decision on the part of your HR. Please check the leave rule of the establishment and the description under the standing order, if any.
Regards
From India, Mumbai
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