Whether Sunday Is Paid Leave Or Not

Dear Ashish,
Weekly off is a paid holiday and not leave. This is as per Act and Supreme court judgement that all employees whether monthly/ fortnightly or daily are entitled for weekly off . In case of monthly paid employee, an employee works for 26 days only and gets the salary of full month. For monthly paid employees per day salary is calculated dividing the wages by no. of days in a month. To give the benefits of weekly off to workers other than the monthly paid, wages are divided by 26 standard days.

Jainashish
The working comes like this
Say your salary is ₹26000
Daily rate therefore is ₹1000 (26000/26)
If you worked all month with no LWP, you get full month pay.
If you were LWP for 2 days, you would lose pay for 2x1000 = 2000 and get a salary of ₹24000
You will deduct only for those days the employee is absent and leave without pay. If he is on paid leave, weekly off or paid holiday (e.g. National and festival holidays) then he will be counted as present for the above purpose, not absent.
Someone could say you will divide by the number of actual working days, etc, but that would create variable rates, and confusion in minds of the workers as to whether the money received is accurately computed. Therefore Supreme Court probably came with the formula of dividing by standard 26 days work month.
Hope that clears your doubt.

Dear Banerjee sir.
Assume if employee salary is Rs. 26000
PM that means 1000 per day. However the
employee was absent from saturday to Monday
Hence his 3 days salary should be deduct as per the leave policy. In
that absent there was sunday also (weekly off)
Pls clarify in this case weather his 3 days
Salary will be deduct inclusive weekly off
I.E. 1000*3 3000/-
Is it correct,

Dear Sir,

When we divide by 26. it means we have added payment of weekly off in the payment for working days i.e. for working 26 days, you get salary for full month amounting to Rs. 26000.

Now for your specific question for leave from Saturday to Monday. When you are dividing by 26, it means, you are not making payment for Sunday(Weekly off). Hence, no payment is made for Sunday, then no deduction arises. Further for Saturday & Monday are working days for which payment is made if duty is performed. If no duty is performed on Saturday and Monday, then no-payment. Hence, salary for only two is not to be made.

More precisely, person has performed duty only for 26-2=24 days for which salary is paid. Thus your observation is incorrect too much to observe Sunday for deduction and not for payment. In fact Sunday is free day neither payable nor deductible. In this system of calculations, public and declared holidays are to be treated as working days and paid.

I hope I am able to clarify.

Thanks

V K Gupta

Mr. Jainashis,
Your supposition of 30 days in a month is irrelevant. Why not think about other months having 28 or 31 days? In that case would you apply some other formula than 26 days, i.e., 24 or 27 days to make calculations for different months?
The figure 26 is taken as the average number of days of a month for all the months of a year. As an executive, your convenience and simplification of work is also taken care of in the statutory Laws and Rules. Otherwise, you would have been feeling difficulty is applying different formulas in calculations every month.

Dear Mr Dhingra
The system of dividing monthly salary by 26 is applicable where daily rated employees are kept and they are paid for actual working days even for working on Sundays, weekly offs etc.
Haryana Govt. while declaring daily minimum rate calculates while dividing monthly minimum wages by 26.
Thanks
V K Gupta

Dear All
Is there any rule/section governed by any
law which stated that salary should be
Devide by 26, if yes pls let me know the
The same,

Jainashish,
First there is a Supreme Court decision made log ago, you can search in Google, I think it was in connection with gratuity computation. It then became a practice to use the same rule for computation of per day wages.
Second, almost every state notification on minimum wages gives this specific formala at the end. It specifies you need to multiply / divide by 26 to move from daily to monthly or vice versa.
Third, please check your standing orders to see if anything is specified with reference to computation of daily salaries.

Dear Mr. V.K. Gupta,
Thanks for the information. But, I wonder with which context of my reply you have provided that information?

Dear VK gupta ji.
In your thread in 14 you have mention
that when we devide by 26 it means we
have added the payment of weekly off
in working days?...
If an employee is absent for 5 days say
From friday to tuesday. As per the rule
Employee is entitled to avail weekly off
if he/she has worked 6 days in week as
He/she is absent for 5 & 6 days then
Employee will not be eligible for weekly
off hence we should deduct the weekly off
payment from his/her salary which we have
Added in working days.
Your view pls,