Hi, actually i have confusion. My company doen't give any leave except sunday. if we take leave then our salary deduct. Now some employees are going to take leave on 14 august- friday and 17 august- Monday, because on 15th August is national holiday and after it Sunday is coming. so being HR should i cut 4 day salary or can i give them 15th and 16th august salary.
my company has rule that if you take saturday and monday leave then we will not give sunday's salary means calculate it as 3 day leave. Please reply
From India, Delhi
29my company has rule that if you take saturday and monday leave then we will not give sunday's salary means calculate it as 3 day leave. Please reply
From India, Delhi
Hey,
Go through the National holidays and festival holidays act. As per this, you are supposed to give paid holiday on august 15th.
You should send the list of employees 48 hours in advance to authorities prescribed under NHFH act mentioning if they are willing to work on aug 15th in a prescribed format. If they have worked, you have to give them double the wages on that day.
Your company can have any policy. But its a law that you should give them paid holiday. Otherwise you will be penalized and will be observed as serious misconduct.
Thanks
From India, Chennai
Go through the National holidays and festival holidays act. As per this, you are supposed to give paid holiday on august 15th.
You should send the list of employees 48 hours in advance to authorities prescribed under NHFH act mentioning if they are willing to work on aug 15th in a prescribed format. If they have worked, you have to give them double the wages on that day.
Your company can have any policy. But its a law that you should give them paid holiday. Otherwise you will be penalized and will be observed as serious misconduct.
Thanks
From India, Chennai
thanks, i have an question also, if employee take leave before and after the festival day (festival off is given by company). in that condition should i give paid festival leave or not
From India, Delhi
From India, Delhi
Dear Monika,
If employee is taking leave on before and after PH/Sunday. Only for those days you have to deduct the salary, (If there are no leaves). Sunday and PH should be considered as W/o and holiday only. You are not supposed to deduct salary for those days. Even your company such policies. Discuss with your management and inform the consequences of unfair practices. Draft a leave policy according to the applicable act and take the management approval for immediate implementation, as not providing any kind of leaves also unfair practice and it will be viewed by the labour authorities as serious misconduct.
Hope I have clarified your query. Please let me know If you have any other query.
Thanks&Regards
T.Prathap
Senior HR-Executive, Narayana Health
8884291530
From India, Madras
If employee is taking leave on before and after PH/Sunday. Only for those days you have to deduct the salary, (If there are no leaves). Sunday and PH should be considered as W/o and holiday only. You are not supposed to deduct salary for those days. Even your company such policies. Discuss with your management and inform the consequences of unfair practices. Draft a leave policy according to the applicable act and take the management approval for immediate implementation, as not providing any kind of leaves also unfair practice and it will be viewed by the labour authorities as serious misconduct.
Hope I have clarified your query. Please let me know If you have any other query.
Thanks&Regards
T.Prathap
Senior HR-Executive, Narayana Health
8884291530
From India, Madras
If they are taking leave on Saturday and then coming back to the work on monday. Then your company should not deduct the salary of Sunday. And yes leaves from Saturday to Monday is considered as Sandwich leave, in that case salary is being deducted or adjusted in their PL CL.
From India, Gurgaon
From India, Gurgaon
1. Dear member, the leave of any kind, to which the employee is entitled as per law i.e. as per the Factories Act, or Shop & Commercial Establishment Act or the Industrial Establishment (Standing Orders) Act, 1946 in my opinion, should be sanctioned by the management without any objections until and unless the exigencies of work does not permit the same.
2. Your employees are human beings, they live in society and may have many social commitments. During leaves, they can relax themselves. Therefore, as a matter of policy, in my opinion, the leaves (as may be due including sandwish leaves as mentioned by one of contributors as above) should be sanctioned in a very relaxed manner so that the employee may rejoin his duty afresh without any mental worries. However, suitable strict action can be taken against habitual absentees.
From India, Noida
2. Your employees are human beings, they live in society and may have many social commitments. During leaves, they can relax themselves. Therefore, as a matter of policy, in my opinion, the leaves (as may be due including sandwish leaves as mentioned by one of contributors as above) should be sanctioned in a very relaxed manner so that the employee may rejoin his duty afresh without any mental worries. However, suitable strict action can be taken against habitual absentees.
From India, Noida
First, your company is in violation of law by only having Sunday as holiday.
Both factory act and shop act have provision of minimum number of leaves (apart from weekly off), which ranges from 15 days a year to 30 days a year.
Apart from this, it is also a requirement that the factory / shop needs to be closed as paid holiday for 4 national holidays. Some states also above requirement of additional days of festival holidays.
Coming back to your main question, if an employee takes leave both before and after a holiday, the holiday gets counted as a leave and handled accordingly
From India, Mumbai
Both factory act and shop act have provision of minimum number of leaves (apart from weekly off), which ranges from 15 days a year to 30 days a year.
Apart from this, it is also a requirement that the factory / shop needs to be closed as paid holiday for 4 national holidays. Some states also above requirement of additional days of festival holidays.
Coming back to your main question, if an employee takes leave both before and after a holiday, the holiday gets counted as a leave and handled accordingly
From India, Mumbai
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