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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