Dear member,
Normally, salary will be paid for 30 days in a month (for staff members). Wages will be paid to workmen, with the calculation based on 26 days of work performed in a month.
For staff members, the 7th day (Sunday) will also be treated as a leave day because they have not worked for 6 days in that week to earn/get a weekly day with pay.
For workmen, the days actually worked will be the criteria for wage calculation. In the normal course, they will not receive weekly wages as their wage will be calculated for 26 days of work.
From India, Hyderabad
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120Normally, salary will be paid for 30 days in a month (for staff members). Wages will be paid to workmen, with the calculation based on 26 days of work performed in a month.
For staff members, the 7th day (Sunday) will also be treated as a leave day because they have not worked for 6 days in that week to earn/get a weekly day with pay.
For workmen, the days actually worked will be the criteria for wage calculation. In the normal course, they will not receive weekly wages as their wage will be calculated for 26 days of work.
From India, Hyderabad
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Dear Members,
Standard Leave Policy will follow the guidelines and provisions of different Acts and Statutes.
- Earned Leave / PL = (Governed by Factory Act / State Shops & Establishment Act)
Under the provisions of the Factory Act (Sections 52 and 79),
On actual working of 20 days, one leave will be earned and credited to the employee's leave account.
The manner in which one can avail leave will be governed by the respective HR policy / Standing Orders provision. Generally, PL will be counted if the leaves are required for more than 3 days and need advance sanction from the department. If the leaves are continuous and any weekly off / holiday falls between two leave dates, the off will also be counted as leave unless the next day is considered a working day. (The organization may establish some separate Suffix / Prefix Policy in case of Earned Leave)
Casual Leaves are only governed by Standing Orders; there are no provisions in the Factory Act and Rules. Similarly, Sick Leaves are governed by certified Standing Orders of the Company.
(Generally, Casual Leaves are availed for casual or urgent requirements and should not exceed 3 days at a time)
From India
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Standard Leave Policy will follow the guidelines and provisions of different Acts and Statutes.
- Earned Leave / PL = (Governed by Factory Act / State Shops & Establishment Act)
Under the provisions of the Factory Act (Sections 52 and 79),
On actual working of 20 days, one leave will be earned and credited to the employee's leave account.
The manner in which one can avail leave will be governed by the respective HR policy / Standing Orders provision. Generally, PL will be counted if the leaves are required for more than 3 days and need advance sanction from the department. If the leaves are continuous and any weekly off / holiday falls between two leave dates, the off will also be counted as leave unless the next day is considered a working day. (The organization may establish some separate Suffix / Prefix Policy in case of Earned Leave)
Casual Leaves are only governed by Standing Orders; there are no provisions in the Factory Act and Rules. Similarly, Sick Leaves are governed by certified Standing Orders of the Company.
(Generally, Casual Leaves are availed for casual or urgent requirements and should not exceed 3 days at a time)
From India
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Dear all,
I have gone through the views, opinions, observations, explanations, and interpretations given by various members. The particular question of "vkey1904" was, "According to the act/law, please let me know if any personnel is on leave for the whole week (Monday to Saturday), his/her 7th day (Sunday) should be considered as a weekly off or continuation of leave."
In this context, I would like to draw your attention to the subject by referring to chapter VI, section 52 of the Factories Act 1948, which governs and regularizes the weekly holidays. The weekly holiday ordinarily falls on Sunday, but employers can substitute Sunday for any of the three days preceding or following under intimation to the inspector. Continuous working should not exceed 9 days.
Keeping in view the intention of sections 51 and 52, in my opinion, a weekly off is admissible to a person who works 48 hours in a week. Therefore, if a person remains on leave from Monday to Saturday, they are not entitled to a paid weekly off on Sunday, and Sunday will be counted as part of their leave. Sunday will be considered as part of the leave regardless of whether the person has applied for leave from Monday to Saturday or Monday to Sunday.
P. K. Sharma
From India, Delhi
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I have gone through the views, opinions, observations, explanations, and interpretations given by various members. The particular question of "vkey1904" was, "According to the act/law, please let me know if any personnel is on leave for the whole week (Monday to Saturday), his/her 7th day (Sunday) should be considered as a weekly off or continuation of leave."
In this context, I would like to draw your attention to the subject by referring to chapter VI, section 52 of the Factories Act 1948, which governs and regularizes the weekly holidays. The weekly holiday ordinarily falls on Sunday, but employers can substitute Sunday for any of the three days preceding or following under intimation to the inspector. Continuous working should not exceed 9 days.
Keeping in view the intention of sections 51 and 52, in my opinion, a weekly off is admissible to a person who works 48 hours in a week. Therefore, if a person remains on leave from Monday to Saturday, they are not entitled to a paid weekly off on Sunday, and Sunday will be counted as part of their leave. Sunday will be considered as part of the leave regardless of whether the person has applied for leave from Monday to Saturday or Monday to Sunday.
P. K. Sharma
From India, Delhi
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Dear friends,
As a matter of practice, in line with standing orders, service rules, and the Factories Act of 1948, organizations allow three types of leaves: Casual Leave (CL), Sick Leave (SL), and Earned Leave or Privileged (EL/PL). The first two types of leaves, CL and SL, are to be availed of and sanctioned in accordance with leave rules. They should be classified and well defined in service rules or the company's standing orders, and Earned Leave (EL/PL) according to the Factories Act. When it comes to writing leave rules in service rules, employers specifically hand over, along with the appointment letter, a ready-made copy of service manuals wherein, among various employment-related aspects, entitlement of leaves, approval procedures, etc., are fully explained and announced regarding how leaves will be permitted or refused. Service rules are framed with the basic aims and objectives of how employers will ensure and administer discipline, punctuality, attendance, etc.
This brings us to the fundamentals of Prefix and Suffix. Service rules are signed by the employee acknowledging, at the time of joining, that they have read and understood. So it becomes a rule binding for them, of course, a bilaterally signed agreement. If prefix and suffix are included in service rules, they will be applicable as per the same.
I will explain, as a general practice, how Prefix and Suffix are broadly used in companies. Suppose X has applied for 2 CL for Monday and Tuesday, and Sunday is his weekly off; he is entitled and allowed 2 CL. In another scenario, if X applied for 2 CL for Friday and Saturday but did not report on Monday, reported on Tuesday, then his Sunday and Monday will be counted as absent days. Here, he needs to apply for two days' leave, not for one day.
In organizations where standing orders are applicable, or organizations have their own certified standing orders, leave provisions are already applicable with signatures of employers and employees before joining. A workman to whom the provisions of standing orders are made applicable also gives a similar acknowledgment when joining the company on day one. Standing orders, as we all know, contain clauses related to attendance, gate entry and exit, shift working, misconduct, absence, discipline, punishments, etc. In leave matters, as explained earlier, the management and employees have well-written certified standing orders displayed on the notice board at the factory gate. If standing orders are not made applicable, then service rules are in place. Normally, organizations of this age are observed to have provisions of 7 to 10 CL and 10-14 SL days depending on their age, capacity, and policies.
Lastly, it comes to EL or PL. The entitlement of leave and its sanction is in accordance with the strict provisions of the Factories Act. The working day or leave days will be considered for payment. If you are absent on any working day, your leave application for absent days must be duly sanctioned in advance by the authority. It is earned leave, called so because employees are expected to earn and create a leave balance in credit before availing of EL/PL.
The above is a broad guideline in brief expected to be practiced by an employer. Though deviations and exceptions are there, which can be explained based on their nature and extent with specific issues.
Regards,
RDS Yadav Director, Navtarang HR Services and Director, Future Instt. Of Engg. and Management Technology navtaranghrs@gmail.com
From India, Delhi
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As a matter of practice, in line with standing orders, service rules, and the Factories Act of 1948, organizations allow three types of leaves: Casual Leave (CL), Sick Leave (SL), and Earned Leave or Privileged (EL/PL). The first two types of leaves, CL and SL, are to be availed of and sanctioned in accordance with leave rules. They should be classified and well defined in service rules or the company's standing orders, and Earned Leave (EL/PL) according to the Factories Act. When it comes to writing leave rules in service rules, employers specifically hand over, along with the appointment letter, a ready-made copy of service manuals wherein, among various employment-related aspects, entitlement of leaves, approval procedures, etc., are fully explained and announced regarding how leaves will be permitted or refused. Service rules are framed with the basic aims and objectives of how employers will ensure and administer discipline, punctuality, attendance, etc.
This brings us to the fundamentals of Prefix and Suffix. Service rules are signed by the employee acknowledging, at the time of joining, that they have read and understood. So it becomes a rule binding for them, of course, a bilaterally signed agreement. If prefix and suffix are included in service rules, they will be applicable as per the same.
I will explain, as a general practice, how Prefix and Suffix are broadly used in companies. Suppose X has applied for 2 CL for Monday and Tuesday, and Sunday is his weekly off; he is entitled and allowed 2 CL. In another scenario, if X applied for 2 CL for Friday and Saturday but did not report on Monday, reported on Tuesday, then his Sunday and Monday will be counted as absent days. Here, he needs to apply for two days' leave, not for one day.
In organizations where standing orders are applicable, or organizations have their own certified standing orders, leave provisions are already applicable with signatures of employers and employees before joining. A workman to whom the provisions of standing orders are made applicable also gives a similar acknowledgment when joining the company on day one. Standing orders, as we all know, contain clauses related to attendance, gate entry and exit, shift working, misconduct, absence, discipline, punishments, etc. In leave matters, as explained earlier, the management and employees have well-written certified standing orders displayed on the notice board at the factory gate. If standing orders are not made applicable, then service rules are in place. Normally, organizations of this age are observed to have provisions of 7 to 10 CL and 10-14 SL days depending on their age, capacity, and policies.
Lastly, it comes to EL or PL. The entitlement of leave and its sanction is in accordance with the strict provisions of the Factories Act. The working day or leave days will be considered for payment. If you are absent on any working day, your leave application for absent days must be duly sanctioned in advance by the authority. It is earned leave, called so because employees are expected to earn and create a leave balance in credit before availing of EL/PL.
The above is a broad guideline in brief expected to be practiced by an employer. Though deviations and exceptions are there, which can be explained based on their nature and extent with specific issues.
Regards,
RDS Yadav Director, Navtarang HR Services and Director, Future Instt. Of Engg. and Management Technology navtaranghrs@gmail.com
From India, Delhi
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Certainly, the 7 th day will be counted Leave only. Why because, he has not worked in that week to earn weekly off with pay. one should work for 6 days in a week to get one day weekly off with pay
From India, Hyderabad
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From India, Hyderabad
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Supriya,
As you said, it depends on the policies defined by the company. Dinesh Divekar and Rajesh Dubey have very cleverly defined it. I also have the same suggestion. I think VKEY in Mumbai, you would have got a proper answer.
Thank you.
From India, Vadodara
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As you said, it depends on the policies defined by the company. Dinesh Divekar and Rajesh Dubey have very cleverly defined it. I also have the same suggestion. I think VKEY in Mumbai, you would have got a proper answer.
Thank you.
From India, Vadodara
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Based on the user's input, here is the corrected version:
"Well, this entirely depends on the prevailing leave policy of the company. As far as my knowledge goes, if an employee goes on leave from Monday to Saturday, then the succeeding Sunday (if it's their regular off day) will be considered as a day off. However, if the employee fails to report for duty on Monday, then Sunday will be calculated as a leave day or absence day, subject to the availability or approval of the Head of Department."
Please let me know if you need further assistance or clarification.
From India, Dhanbad
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"Well, this entirely depends on the prevailing leave policy of the company. As far as my knowledge goes, if an employee goes on leave from Monday to Saturday, then the succeeding Sunday (if it's their regular off day) will be considered as a day off. However, if the employee fails to report for duty on Monday, then Sunday will be calculated as a leave day or absence day, subject to the availability or approval of the Head of Department."
Please let me know if you need further assistance or clarification.
From India, Dhanbad
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