Hi HR Experts, I have one query regarding Week Off’s. If an employee has more than 6 LOP in a month should we need to provide the Week off or we can reduce the 1 week off as LOP?
From India, Tiruchi
From India, Tiruchi
Weekly Off is not a matter to be decided over a month but it should be decided in every week. An employee who has not worked for 6 days need not be given weekly off. But by employing that employee on a weekly off day, what do you get? In such establishments which work for 7 days in a week, like hospitals, hotels, logistics companies, where the employees have different weekly off or staggered weekly off, an employee can be asked to work on his scheduled weekly off day if he was on leave without pay on any preceding day. But in such scenario also he should be given a weekly off after a continuous working of 10 days.
In the case of establishments having fixed weekly off, say, Sunday being weekly off, an employee absent without pay on Wednesday, may lose his weekly off of that week. But when the daily rate of wages is arrived at by dividing monthly wages by 26, there is scope for payment of wages on weekly off days. At the same time, in the case of monthly rated employees who are paid for 30/ 31 days, the weekly off is also paid days. It is presumed that the employee is in 'service' on weekly off days also. The day on which the employee was on leave without pay is construed as 'absent from work' for which wages for the day is 'deducted' as permitted under Payment of Wages Act. When that deduction is made, again deducting for weekly off non entitlement is illegal.
The thread starter, Arunjockim, is requested to furnish further information so that we can guide further on the matter.
From India, Kannur
4242In the case of establishments having fixed weekly off, say, Sunday being weekly off, an employee absent without pay on Wednesday, may lose his weekly off of that week. But when the daily rate of wages is arrived at by dividing monthly wages by 26, there is scope for payment of wages on weekly off days. At the same time, in the case of monthly rated employees who are paid for 30/ 31 days, the weekly off is also paid days. It is presumed that the employee is in 'service' on weekly off days also. The day on which the employee was on leave without pay is construed as 'absent from work' for which wages for the day is 'deducted' as permitted under Payment of Wages Act. When that deduction is made, again deducting for weekly off non entitlement is illegal.
The thread starter, Arunjockim, is requested to furnish further information so that we can guide further on the matter.
From India, Kannur
Thank you for the clarification.
In our company we are following 30/31 days for the payable days, Some employees are present only 2 or 3 days in a week. In these kinds of cases should we can remove the upcoming week off? Can we consider that as LOP?
From India, Tiruchi
In our company we are following 30/31 days for the payable days, Some employees are present only 2 or 3 days in a week. In these kinds of cases should we can remove the upcoming week off? Can we consider that as LOP?
From India, Tiruchi
Yes, obviously, when an employee is absent without pay on prefix and suffix of weekly holidays, he should lose the pay for weekly off. Therefore, if any person comes only for two or three days, he should be paid for the days he worked only.
From India, Kannur
From India, Kannur
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