Dear Mr Harikrishnan,
The information as required:
1. How many days worked by the employee in July 2011
Days worked in July 11: 22 days (from date 1 to 22 July 11 including Two leaves eligible with wages)
2. How many days leave with wages availed in July 2011
Two leaves eligible with wages
3. How many days leave without wages availed in July 2011
9 Days
4. There is no opening balance of leaves with employee and leaves with wages allowed per month is 2 leaves.
5. How many days of weekly off he had during July 2011
Three Sundays and 3 half Saturdays total 4.5 days (3.0+1.5)
6. What is the law relating to working conditions applicable to the industrial establishment in which the employee was working(like Factories Act, Shops and Establishments Act etc.,)
The Shops and miscellaneous establishment act, Rajasthan is applicable.
7. Wages per month Rs 6000.00
8. No of days in July 11 = 31 Days
9. No of weekly lay off days remaining after 22.07.11 = 2 Sundays and 2 Saturdays = 3.0 days (2.0+1.0)
10. Wages calculation:
Rs 6000.00 – (6000.00*9/31 days) = Rs 4258.00
or
Rs 6000.00 – (9 Days * Rs 231.00) = Rs 3921.00
or
Rs 6000.00 – [(9 Days * Rs 231.00) – ( 3.0 paid lay off days * Rs 231.00) = Rs 1386.00] = Rs 4614.00
Or Suggest
Please suggest to clear the implication of minimum wages over the wages payment.
One more thing is that, minimum wages are always calculated on Basic +DA ?
Many thanks for responding us in the appropriate manner.
Kind regards,
Anurag Jain
From India, Jaipur
34The information as required:
1. How many days worked by the employee in July 2011
Days worked in July 11: 22 days (from date 1 to 22 July 11 including Two leaves eligible with wages)
2. How many days leave with wages availed in July 2011
Two leaves eligible with wages
3. How many days leave without wages availed in July 2011
9 Days
4. There is no opening balance of leaves with employee and leaves with wages allowed per month is 2 leaves.
5. How many days of weekly off he had during July 2011
Three Sundays and 3 half Saturdays total 4.5 days (3.0+1.5)
6. What is the law relating to working conditions applicable to the industrial establishment in which the employee was working(like Factories Act, Shops and Establishments Act etc.,)
The Shops and miscellaneous establishment act, Rajasthan is applicable.
7. Wages per month Rs 6000.00
8. No of days in July 11 = 31 Days
9. No of weekly lay off days remaining after 22.07.11 = 2 Sundays and 2 Saturdays = 3.0 days (2.0+1.0)
10. Wages calculation:
Rs 6000.00 – (6000.00*9/31 days) = Rs 4258.00
or
Rs 6000.00 – (9 Days * Rs 231.00) = Rs 3921.00
or
Rs 6000.00 – [(9 Days * Rs 231.00) – ( 3.0 paid lay off days * Rs 231.00) = Rs 1386.00] = Rs 4614.00
Or Suggest
Please suggest to clear the implication of minimum wages over the wages payment.
One more thing is that, minimum wages are always calculated on Basic +DA ?
Many thanks for responding us in the appropriate manner.
Kind regards,
Anurag Jain
From India, Jaipur
Dear Mr.Anurag Jain
You have been given the monthly wage rate of the worker as Rs.6000/- To arrive at the daily wage rate of the worker you divide Rs.6000/- by 26. The answer is Rs.231/- This is the daily wage rate of the worker and based on this you have to calculate the wages for 22 days by multiplying Rs231/- by 22. The answer is Rs5082.
With regards
From India, Madras
You have been given the monthly wage rate of the worker as Rs.6000/- To arrive at the daily wage rate of the worker you divide Rs.6000/- by 26. The answer is Rs.231/- This is the daily wage rate of the worker and based on this you have to calculate the wages for 22 days by multiplying Rs231/- by 22. The answer is Rs5082.
With regards
From India, Madras
Dear Mr. Harikrishnan,
If the manager of the com
pany working on a regular employment at a salary of Rs 60000.00 (Basic salary s 30000.00 + HRA Rs 15000.00 + Rs Conveyance Allowance Rs 10000.00 + Special Allowances Rs 5000.00) for the same scenario; will the salary for 22 days as below:
Daily wages rate: Rs 60000.00/26 = Rs 2308.00
Salary for 22 days = Rs 2308.00 x 22 Days = Rs 50776.00
Please respond to the above query for a better clarity.
Kind regards,
Anurag Jain
From India, Jaipur
If the manager of the com
pany working on a regular employment at a salary of Rs 60000.00 (Basic salary s 30000.00 + HRA Rs 15000.00 + Rs Conveyance Allowance Rs 10000.00 + Special Allowances Rs 5000.00) for the same scenario; will the salary for 22 days as below:
Daily wages rate: Rs 60000.00/26 = Rs 2308.00
Salary for 22 days = Rs 2308.00 x 22 Days = Rs 50776.00
Please respond to the above query for a better clarity.
Kind regards,
Anurag Jain
From India, Jaipur
I think we are out from topics of calculation
It is clear that monthly salary dived by maximum days of month but perday earning must be equal to daily minimum wages
like this
Minimum Wages for helper 4503/- per month and 173.19 per day
so in any type of calculation we can not pay him 173.19 for each working days and in between paid holidays in such area
From India, New Delhi
It is clear that monthly salary dived by maximum days of month but perday earning must be equal to daily minimum wages
like this
Minimum Wages for helper 4503/- per month and 173.19 per day
so in any type of calculation we can not pay him 173.19 for each working days and in between paid holidays in such area
From India, New Delhi
Dear Mr.Anrag Jain
My replies in this post is not based on my assumptions but on the law laid down by the Honourable Supreme Court. The monthly salary accepted to be paid at the time of appointment or subsequent revision, whether it is in the case of a "worker" or "employee" or "manager" is the rate of wages. It has been accepted by the Honourable Supreme Court of India that though the wages/salary is termed as "monthly wages" while calculating the "daily rate" the "monthly rate" has to be divided by 26. Therefore to arrive at the daily rate divide the monthly rate by 26 in the case of the manager referred to by you.
With regards
From India, Madras
My replies in this post is not based on my assumptions but on the law laid down by the Honourable Supreme Court. The monthly salary accepted to be paid at the time of appointment or subsequent revision, whether it is in the case of a "worker" or "employee" or "manager" is the rate of wages. It has been accepted by the Honourable Supreme Court of India that though the wages/salary is termed as "monthly wages" while calculating the "daily rate" the "monthly rate" has to be divided by 26. Therefore to arrive at the daily rate divide the monthly rate by 26 in the case of the manager referred to by you.
With regards
From India, Madras
HI,
As per example shown by you it clearly shown that what has got you have not mentioned i.e. 6000/26=231, he has got the salary for the 21dya @ Rs. 4851/- but according the your calculation he is getting only 4200/-
Regards
Vijay Shukla
From United Kingdom
As per example shown by you it clearly shown that what has got you have not mentioned i.e. 6000/26=231, he has got the salary for the 21dya @ Rs. 4851/- but according the your calculation he is getting only 4200/-
Regards
Vijay Shukla
From United Kingdom
ILO adopted Convention No1 in the year 1919 limiting hours of work in industry to 48 hours in a week. Until this Convention came into force workers worked ranging from 12 to 15 hours or even more daily, on all days in industrial countries. Wage used be paid weekly.
Two years later in 1921 ILO adopted Convention No.14 declaring that workers in industry shall enjoy weekly holiday of rest comprising at least twenty-four consecutive hours.
Thus workers became eligible for full wage for all seven days by working 48 hours in 6 days.
India was one of the very few countries that promptly ratified these Conventions by amending the Indian Factories, Act 1911 that was in force during those times. The amendment to restrict working hours was notified on 14-07-1921 and weekly holiday was declared through similar amendment notified on 11-05-1923.
There was no need during those times to specifically state that wages should be paid for weekly holiday. Temporary and casual employment to circumvent labour laws became predominant during twenty-first century, especially during that last few decades.
The labour departments and employers have found ways to circumvent the law by weaving a clever ploy of fixation of daily rate of wage claiming that it was arrived at by dividing a monthly figure by 26. The fact on the contrary is that temps and casuals are paid abysmally low wage compared to regular workers. This ploy is against the letter and sprit of law. It does not hold water in cases where daily wage rate is agreed upon independently through negotiation between union representing temporary workers and the employer. Even in such a case, I am encountering a problem where a traditional enterprise metamorphosed as modern global enterprise is harping on right of employer to deny wage on weekly day of rest to casual workers!
From India, Ernakulam
Two years later in 1921 ILO adopted Convention No.14 declaring that workers in industry shall enjoy weekly holiday of rest comprising at least twenty-four consecutive hours.
Thus workers became eligible for full wage for all seven days by working 48 hours in 6 days.
India was one of the very few countries that promptly ratified these Conventions by amending the Indian Factories, Act 1911 that was in force during those times. The amendment to restrict working hours was notified on 14-07-1921 and weekly holiday was declared through similar amendment notified on 11-05-1923.
There was no need during those times to specifically state that wages should be paid for weekly holiday. Temporary and casual employment to circumvent labour laws became predominant during twenty-first century, especially during that last few decades.
The labour departments and employers have found ways to circumvent the law by weaving a clever ploy of fixation of daily rate of wage claiming that it was arrived at by dividing a monthly figure by 26. The fact on the contrary is that temps and casuals are paid abysmally low wage compared to regular workers. This ploy is against the letter and sprit of law. It does not hold water in cases where daily wage rate is agreed upon independently through negotiation between union representing temporary workers and the employer. Even in such a case, I am encountering a problem where a traditional enterprise metamorphosed as modern global enterprise is harping on right of employer to deny wage on weekly day of rest to casual workers!
From India, Ernakulam
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