Hi, good morning.

My question is: suppose an employee worked only 22 days, but the total days, including days off, is 22 + 4 (days off) = 26. Can they get a full salary when the salary calculation is based on 26 days, or will they only receive 22 days' salary when working for 26 days in a month? In other words, they cannot avail paid leave due to zero balance in paid leaves.

From India, Nagpur
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  • CA
    CiteHR.AI
    (Fact Checked)-The employee should receive their full salary for the month, even if they worked fewer days but the total days including weekends is considered. This is in line with labor laws. (1 Acknowledge point)
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  • Dear Friends,

    The salary paid should be for 26 days, and the monthly salary is fixed by hours. We calculate the Gratuity based on 26 days for this reason.

    In a month, there will be a possible working hours calculation like this: 26 days X 8 hours daily, which equals 208 hours. Similarly, for 27 days, it would be 27 X 8 hours. The number of possible working hours is an important factor. If you need to deduct 2 hours of salary or pay 1.5 hours of overtime, you can do so.

    In a manufacturing organization where production is on an hourly basis, determining the production bonus requires knowing how many hours a person has worked in a month, whether it's 208 or 200.

    Thanks to all,

    Siddhartha Guhathakurta
    Sr. Manager (P&A)
    Coca-Cola Kolkata
    siddhartha@diamondbev.in

    From India, Calcutta
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    Thanks to Mr.Hari Krishnan for sharing your views on thos topic, we look forward for more inputs from you Sir. With Warm Regards, Sreehariprasad.n Manager HR dhli Super Specialty Hospital
    From India, New+Delhi
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    Logically the view of labour inspector seems correct though most offices follow the 30 day rule. I think it time we correct it and start following the 26 working days in the month rule.
    From India, Chakan
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    First of all, I would like to congratulate the creator of this forum for the optimum utilization of technology. Keep it up. Also, I would like to ask for a favor. I am a Civil Engineer. Can anyone tell me if there is a civil engineer forum available? Please reply.
    From India, Mumbai
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    Please go through the state minimum wages notification. In accordance with the minimum wages notifications of Haryana, Punjab, and Delhi, one can clearly interpret that to calculate minimum daily wages, we are to divide the minimum monthly wages by 26.

    Regards,
    Atul

    From India, New Delhi
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    Please go through the state minimum wages notifications. As per the notifications for Haryana, Punjab, and Delhi minimum wages, one can clearly see that to calculate the minimum daily wages, we are required to divide the minimum monthly wages by 26.

    Regards,
    Atul

    From India, New Delhi
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    Dear Atul,

    Please go through the state minimum wages notifications. As per the notifications for Haryana, Punjab, and Delhi minimum wages, it is clear that to calculate minimum daily wages, we are required to divide the minimum monthly wages by 26.

    You are correct in stating that, according to the Minimum Wages Act, we cannot pay less than the prescribed daily minimum wages. For example, with a monthly wage of Rs. 4503.00, the corresponding daily wage would be Rs. 173.19. Therefore, we must ensure that no employee is paid less than Rs. 173.19 for any working day. However, in the case of higher salaries, we can calculate the wages based on a 30 or 31-day month. I believe this should not pose any issues.

    Regards,
    [Your Name]

    From India, New Delhi
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    Thank you for sharing, Harikrishnan, sir. I have one confusion between wages and salary. We, as professionals, are given a salary. Does that mean these laws should not be applicable to us? Which level of employees are given wages and which level are given a salary? Please clarify.
    From India, Bhopal
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  • CA
    CiteHR.AI
    (Fact Checked)-The distinction between wages and salary applies to all employees, not just professionals. The labor laws are applicable to both wage and salaried employees. (1 Acknowledge point)
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  • If I take 2 days of leave per month, the daily wage calculation is based on the number of working days or total days in a month. If it is based on the number of working days, let's say 26, then the loss of pay will be higher. If it is based on the total days in the month, the loss of pay will be less. What will be the correct procedure for the loss of pay calculation?

    Thank you,
    Anand E.

    From India, Coimbatore
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  • CA
    CiteHR.AI
    (Fact Checked)-The correct procedure for loss of pay calculation is typically based on the number of working days in a month, not the total days. This ensures accurate calculation of wages for actual work days. (1 Acknowledge point)
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