Sir/Madam
In our factory we disburse the wages on 1st day of every month by running the payroll on 25th day of the preceding month.The wage period and attendence will be considered as 26th to 25th.( not 1st to 30th) for calculating the overtime and daily wage.
Is this correct as per labour law??if not please provide me the clear picture by interpretting the labour law rules and section
Nayazudeen
From United Arab Emirates, Dubai
In our factory we disburse the wages on 1st day of every month by running the payroll on 25th day of the preceding month.The wage period and attendence will be considered as 26th to 25th.( not 1st to 30th) for calculating the overtime and daily wage.
Is this correct as per labour law??if not please provide me the clear picture by interpretting the labour law rules and section
Nayazudeen
From United Arab Emirates, Dubai
604
Dear Nayazudeen,
what You are doing is right.
But if you want to change it on calendar month basis, the wage payment should be made in accordance with Payment of wages act 1936,
"When less than 1000 persons are employed shall be paid before the expiry of the 7th day of the following month. When more than 1000 workers, before the expiry of the 10th day of the following month. {Section 5}"
"Sec 4 (2) No wage-period shall exceed one month".
S.Sethupathy,
Excellent HR Services,
Erodxe
From India, Coimbatore
what You are doing is right.
But if you want to change it on calendar month basis, the wage payment should be made in accordance with Payment of wages act 1936,
"When less than 1000 persons are employed shall be paid before the expiry of the 7th day of the following month. When more than 1000 workers, before the expiry of the 10th day of the following month. {Section 5}"
"Sec 4 (2) No wage-period shall exceed one month".
S.Sethupathy,
Excellent HR Services,
Erodxe
From India, Coimbatore
Thanks fore your reply.
Noted your point.
But if i proceed with the current calculation(26th to 25th) then how do i need to calculate over time and loss of pay.(Assume 26th to 30th is June 2011 and 1 to 25 is july 2011).if i take the OT and LOP from these period then the calcualtion will vary.i think you understood my query.
Please clarify what exactly the act says us to follow for a factory workers.
From United Arab Emirates, Dubai
Noted your point.
But if i proceed with the current calculation(26th to 25th) then how do i need to calculate over time and loss of pay.(Assume 26th to 30th is June 2011 and 1 to 25 is july 2011).if i take the OT and LOP from these period then the calcualtion will vary.i think you understood my query.
Please clarify what exactly the act says us to follow for a factory workers.
From United Arab Emirates, Dubai
Dear Nayazudeen,
I understand your problems.
Say for 25/6/11 to 31/6/11 you have to calculate OT and LOP on 30 days basis, and for 1/7/11 to 25/7/11 you have to calculate on 31 days basis, right?
For which you can adopt a rule of majority ie 31 days for all in this example and again 31 days for the next period of 26/7/11 to 25/8/11( Because 31 days in Aug also) for 26/8/11 to 25/9/11- 30 days and like that.
You can explain this method to all (Employees, Union leaders, etc.,)
S.Sethupathy,
Excellent HR Services,
Erode.
From India, Coimbatore
I understand your problems.
Say for 25/6/11 to 31/6/11 you have to calculate OT and LOP on 30 days basis, and for 1/7/11 to 25/7/11 you have to calculate on 31 days basis, right?
For which you can adopt a rule of majority ie 31 days for all in this example and again 31 days for the next period of 26/7/11 to 25/8/11( Because 31 days in Aug also) for 26/8/11 to 25/9/11- 30 days and like that.
You can explain this method to all (Employees, Union leaders, etc.,)
S.Sethupathy,
Excellent HR Services,
Erode.
From India, Coimbatore
Dear Nayazudeen
I was making the billing for Security for the cycle 26th to 25th date and I used to count No of days in that cycle and accordingly I used to calculate the wages. 26/5/11 to 25/6/11 means it will be 31 days month, 26/6/11 to 25/07/11 means 30 days month, 26/2/2011 to 25/3/11 means it will be 28 days month and 26/2/2012 to 25/3/2012 means obviously it will be 29 days month. Hence there will not be any problem.
For Calculation of PF remittance you have to make the Paysheet summary as per 01 to 30 or 31 of the month. We cannot carry forward the PF for next month, always it will be for the month. (01/2/2011 to 25/2/11 it will be 31 days and 26/2/11 to 28/2/11 it will be 28 days calculation and the remittance to be submitted and for 01/3/11 to 25/3/11 it will be 28 days and 26/3/11 to 31/3/11 it will be of 31 days calculation.
From India, Kumbakonam
I was making the billing for Security for the cycle 26th to 25th date and I used to count No of days in that cycle and accordingly I used to calculate the wages. 26/5/11 to 25/6/11 means it will be 31 days month, 26/6/11 to 25/07/11 means 30 days month, 26/2/2011 to 25/3/11 means it will be 28 days month and 26/2/2012 to 25/3/2012 means obviously it will be 29 days month. Hence there will not be any problem.
For Calculation of PF remittance you have to make the Paysheet summary as per 01 to 30 or 31 of the month. We cannot carry forward the PF for next month, always it will be for the month. (01/2/2011 to 25/2/11 it will be 31 days and 26/2/11 to 28/2/11 it will be 28 days calculation and the remittance to be submitted and for 01/3/11 to 25/3/11 it will be 28 days and 26/3/11 to 31/3/11 it will be of 31 days calculation.
From India, Kumbakonam
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