Hi Everyone,
Good day, I just want to share my case and I hope you can help me.
I was contracted for 2 months, Nov.3, 2014 to Dec. 22, 2014 for 17,000 pesos per month.
my work was Monday to Thursday 8am-6pm and Friday 8am to 5pm to compress the working hours for Saturday. They divided my monthly salary to 24 days equivalent to 708.33 pesos per day.
But how about for the month of Dec.? I only have to work for 16 days. I have 1 absent so they computed my salary to 15days worked x 708.33 ... Imagine I only have 1 absent but I only received 10,624.95 pesos.. I've lost almost 7,000 for 1 day absent only.
Can someone who can explain this. ? Do I have the right to complain?
From Philippines, Quezon City
Good day, I just want to share my case and I hope you can help me.
I was contracted for 2 months, Nov.3, 2014 to Dec. 22, 2014 for 17,000 pesos per month.
my work was Monday to Thursday 8am-6pm and Friday 8am to 5pm to compress the working hours for Saturday. They divided my monthly salary to 24 days equivalent to 708.33 pesos per day.
But how about for the month of Dec.? I only have to work for 16 days. I have 1 absent so they computed my salary to 15days worked x 708.33 ... Imagine I only have 1 absent but I only received 10,624.95 pesos.. I've lost almost 7,000 for 1 day absent only.
Can someone who can explain this. ? Do I have the right to complain?
From Philippines, Quezon City
labour law in maharashtra state when worker not getting his monthly payment.what could be done in employer.when any worker working his full month and he is not getting his salary for any reason,this suituation what rule be given what can do for employer
From India, Nashik
1From India, Nashik
If you are giving the salary on 30 days,Inspector can claim for double of the regular pay for 4 days and panalty follows as per respective Act. Thanks Shashi Jha Human Resources
From India, Madras
From India, Madras
Dear All, all i need to know is the Govt Rules / Regulations regarding calculation of monthly salary on 26 or 30 days basis for security guards in maharashtra and india. Thank you very much.
From India, Pune
From India, Pune
I broadly agree with V Harikrishnan.
However, the matter must be viewed in historical perspective to come to a rational conclusion.
Eligibility for full wage was reduced to 48 hours of work per week by ILO Convention No. 1 of 1919 and consequent amendment to Indian Factories Act, 1911 effective from 14-07-1921. Before ILO adopted its first Convention in 1919 industrial workers toiled for several hours per day on all days and were paid wage per week. Wage is related to work; weekly holiday became one of the fundamental rights of workers. Therefore to be fair, monthly salary must be divided by the number of working days, i.e. by 26 in establishments following 6 working days per week.
India ratified on 14-07-1921 ILO Convention No1 of 1919 concerning Hours of Work (Industry) which limited working hours to 48 hours per week. Further, India ratified on 11-05-1923 ILO Convention No.14 concerning Weekly Rest (Industry), which entitled workers to enjoy a weekly holiday.
To give effect to these ILO Conventions, Indian Factories Act, 1911 which was then in force was amended vide notification dated 14-07-1921 and 11-05-1923. As per Section 22 of that amended Act no person shall be employed in any factory on a Sunday, unless: (a) he has had, or will have, a holiday for a whole day on one of the three days immediately preceding or succeeding the Sunday, and (b) the manager of the factory has previous to the Sunday or the substituted day, whichever is earlier, given notice to the inspector of his intention so to employ the said person and of the day which is to be substituted, and has at the same time affixed a notice to the same effect in the place mentioned in Section 36.
It is obvious that Factories 1948 Act substantially continued the provision as contained in Indian Factories Act, 1911.
There was no need either during 1923 or 1948 to expressly state that wages should paid for weekly holiday because full wage used to paid for the whole week including Sunday, which was a working day until ILO Convention declared it as weekly holiday and consequent amendment to Indian Factories Act, 1911 effective from 11-05-1923.
It is significant that ILO convention No.14 concerning Weekly Rest (Industry) is applicable to industrial undertakings such as mines, quarries, manufacturing construction, transport etc. Those employed in commercial offices including trading establishments, theatre etc., remained out of coverage of the Convention No. 14 of 1921. Therefore, a separate Convention was adopted by ILO in 1957 vide Convention No 106 concerning Weekly Rest in Commercial Offices to confer the right to weekly rest to these employees. Generally, the employment practice in this latter category of establishments was in the nature of monthly employment on salary. These workers normally enjoyed relatively less working hours compared to industrial workers. This employment practice probably led ILO to stipulate in convention No 106 of 1957, vide Article 9 that “there shall be no reduction of income of persons covered by this Convention as a result of the application of measures taken in accordance with the Convention”. Later day enactments as for example in Shops and Establishment Acts of various State Governments therefore specifically lays down that weekly rest must be allowed with wage.
In several advanced industrial countries labour law reforms reduced working hours to 35 hours per week; and five working days per week. In India the Government and employers consider that progressive legislation of British regime stand in the way of ease of doing business in India! If one adopts this new perspective such a rationale would tend to pay as much less for workers so as to enhance the ease of doing business. The question is would that approach be fair?
From India, Ernakulam
However, the matter must be viewed in historical perspective to come to a rational conclusion.
Eligibility for full wage was reduced to 48 hours of work per week by ILO Convention No. 1 of 1919 and consequent amendment to Indian Factories Act, 1911 effective from 14-07-1921. Before ILO adopted its first Convention in 1919 industrial workers toiled for several hours per day on all days and were paid wage per week. Wage is related to work; weekly holiday became one of the fundamental rights of workers. Therefore to be fair, monthly salary must be divided by the number of working days, i.e. by 26 in establishments following 6 working days per week.
India ratified on 14-07-1921 ILO Convention No1 of 1919 concerning Hours of Work (Industry) which limited working hours to 48 hours per week. Further, India ratified on 11-05-1923 ILO Convention No.14 concerning Weekly Rest (Industry), which entitled workers to enjoy a weekly holiday.
To give effect to these ILO Conventions, Indian Factories Act, 1911 which was then in force was amended vide notification dated 14-07-1921 and 11-05-1923. As per Section 22 of that amended Act no person shall be employed in any factory on a Sunday, unless: (a) he has had, or will have, a holiday for a whole day on one of the three days immediately preceding or succeeding the Sunday, and (b) the manager of the factory has previous to the Sunday or the substituted day, whichever is earlier, given notice to the inspector of his intention so to employ the said person and of the day which is to be substituted, and has at the same time affixed a notice to the same effect in the place mentioned in Section 36.
It is obvious that Factories 1948 Act substantially continued the provision as contained in Indian Factories Act, 1911.
There was no need either during 1923 or 1948 to expressly state that wages should paid for weekly holiday because full wage used to paid for the whole week including Sunday, which was a working day until ILO Convention declared it as weekly holiday and consequent amendment to Indian Factories Act, 1911 effective from 11-05-1923.
It is significant that ILO convention No.14 concerning Weekly Rest (Industry) is applicable to industrial undertakings such as mines, quarries, manufacturing construction, transport etc. Those employed in commercial offices including trading establishments, theatre etc., remained out of coverage of the Convention No. 14 of 1921. Therefore, a separate Convention was adopted by ILO in 1957 vide Convention No 106 concerning Weekly Rest in Commercial Offices to confer the right to weekly rest to these employees. Generally, the employment practice in this latter category of establishments was in the nature of monthly employment on salary. These workers normally enjoyed relatively less working hours compared to industrial workers. This employment practice probably led ILO to stipulate in convention No 106 of 1957, vide Article 9 that “there shall be no reduction of income of persons covered by this Convention as a result of the application of measures taken in accordance with the Convention”. Later day enactments as for example in Shops and Establishment Acts of various State Governments therefore specifically lays down that weekly rest must be allowed with wage.
In several advanced industrial countries labour law reforms reduced working hours to 35 hours per week; and five working days per week. In India the Government and employers consider that progressive legislation of British regime stand in the way of ease of doing business in India! If one adopts this new perspective such a rationale would tend to pay as much less for workers so as to enhance the ease of doing business. The question is would that approach be fair?
From India, Ernakulam
The Minimum Wages Act stipulates that for arriving at daily wage rate of a monthly wage rate, the monthly wage rate has to be divided by 26. bgramesh, hosur
From India, Vellore
From India, Vellore
but why difference will come between 30 days to 26 days
30days
paid salary=6000-(6000/30)*(30-21)=6000-200*9=6000-1800=4200
Now dividing by 26 days
paid salary=6000-(6000/26)*(26-17)=6000-230.76*9=6000-2077=3923
like this
From India, Vellore
30days
paid salary=6000-(6000/30)*(30-21)=6000-200*9=6000-1800=4200
Now dividing by 26 days
paid salary=6000-(6000/26)*(26-17)=6000-230.76*9=6000-2077=3923
like this
From India, Vellore
ISSUE OF OT & SALARY:- one employee monthly salary/wage is 6000/-per month and in any month(27-4days)when salary divided by 26 he worked 21days and avail 6 leave and 1 overtime (because he worked on 1 weekly off) with wage and 4 w/off then total pay days is 21days. Now after calculation how much over time and salary we will give him?
From India, Jhansi
From India, Jhansi
In the case of monthly paid employees salary is paid per month. The Government of India adopted amendments to Indian Factories Act, 1911 during 1921 and 1923 to give effect to 48 hours workweek and weekly holiday respectively following ratification of relevant ILO Conventions. Workers in industrial countries were then employed per week. There was no fixed working hours. In this situation ILO adopted two separate convention granting workers right to limit workweek to 48 hour and rest on Sundays / weekly off without any reduction to prevailing weekly or monthly wage / salary.
Daily rated employment was unheard during those times. That is why the Act after revision on several times kept the text to ILO Convention.
In result there is no need for a worker to buy weekly off by offering 1/30th of monthly salary. It is a right freely available to workers .
From India, Ernakulam
Daily rated employment was unheard during those times. That is why the Act after revision on several times kept the text to ILO Convention.
In result there is no need for a worker to buy weekly off by offering 1/30th of monthly salary. It is a right freely available to workers .
From India, Ernakulam
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