simple answer...
if the employee has applied for leave till Saturday then you need not consider Sunday as a leave. However if the employee has applied (in writing) for a leave till Sunday / Monday, you will have to consider Sunday as a leave.
But Think from the employees point of view.. it would not be fair on his part to get unpaid leave for a day which is an official work-off.
Request him to resubmit an application from asking for leave till Saturday...
We are HR ppl and need to think a little about the satisfaction of the Personnel working with us.. that way u can gain the confidence of the ppl under and .....
Regards
Jitendra Patil
From India, Pune
6if the employee has applied for leave till Saturday then you need not consider Sunday as a leave. However if the employee has applied (in writing) for a leave till Sunday / Monday, you will have to consider Sunday as a leave.
But Think from the employees point of view.. it would not be fair on his part to get unpaid leave for a day which is an official work-off.
Request him to resubmit an application from asking for leave till Saturday...
We are HR ppl and need to think a little about the satisfaction of the Personnel working with us.. that way u can gain the confidence of the ppl under and .....
Regards
Jitendra Patil
From India, Pune
The following text will answer the query.
I too agree with Mr. Dhingra who has given the correct answer to the query.
It is common knowledge that when you plan your leave, you would like your leave to commence from a Monday ( pre-fixing the Weekly Off) and to end it on a Saturday (Suffixing the Weekly Off). I both instances the Weekly Off day will NOT be treated as part of Leave.
Vasant Nair
HR Advisor
52. WEEKLY HOLIDAYS. - (1) No adult worker shall be required or allowed to work in a factory on the first day of the week (hereinafter referred to as the said day), unless - (a) he has or will have a holiday for a whole day on one of the three days immediately before or after the said day, and
(b) the manager of the factory has, before the said day or the substituted day under clause (a), whichever is earlier, - (i) delivered a notice at the office of the Inspector of his intention to require the worker to work on the said day and of the day which is to be substituted, and
(ii) displayed a notice to that effect in the factory : Provided that no substitution shall be made which will result in any worker working for more than ten days consecutively without a holiday for a whole day.
(2) Notices given under sub-section (1) may be cancelled by a notice delivered at the office of the Inspector and a notice displayed in the factory not later than the day before the said day or the holiday to be cancelled, whichever is earlier.
(3) Where, in accordance with the provisions of sub-section (1), any worker works on the said day and has had a holiday on one of the three days immediately before it, that said day shall, for the purpose of calculating his weekly hours of work, be included in the preceding week.
79. ANNUAL LEAVE WITH WAGES. - (1) Every worker who has worked for a period of 240 days or more in a factory during a calendar year shall be allowed during the subsequent calendar year, leave with wages for a number of days calculated at the rate of - (i) if an adult, one day for every twenty days of work performed by him during the previous calendar year;
(ii) if a child, one day for every fifteen days of work formed by him during the previous calendar year.
Explanation 1 : For the purpose of this sub-section - (a) any days of lay off, by agreement or contract or as permissible under the standing orders;
(b) in the case of a female worker, maternity leave for any number of days not exceeding twelve weeks; and
(c) the leave earned in the year prior to that in which the leave is enjoyed; shall be deemed to be days on which the worker has worked in a factory for the purpose of computation of the period of 240 days or more, but he shall not earn leave for these days.
Explanation 2 : The leave admissible under this sub-section shall be exclusive of all holidays whether occurring during or at either end of the period of leave.
(2) A worker whose service commences otherwise than on the first day of January shall be entitled to leave with wages at the rate laid down in clause (i) or, as the case may be, clause (ii) of sub-section (1) if he has worked for two-thirds of the total number of days in the remainder of the calender year.
(3) If a worker is discharged or dismissed from service or quits his employment or is superannuated or dies while in service, during the course of the calendar year, he or his heir or nominee, as the case may be, shall be entitled to wages in lieu of the quantum of leave to which he was entitled immediately before his discharge, dismissal, quitting of employment, superannuation or death calculated at the rates specified in sub-section (1), even if he had not worked for the entire period specified in sub-section (1) or sub-section (2) making him eligible to avail of such leave, and such payment shall be made - (i) where the worker is discharged or dismissed or quits employment, before the expiry of the second working day from the date of such discharge, dismissal or quitting, and
(ii) where the worker is superannuated or dies while in service, before the expiry of two months from the date of such superannuation or death.
(4) In calculating leave under this section, fraction of leave of half a day or more shall be treated as one full day's leave, and fraction of less than half a day shall be omitted.
(5) If a worker does not in any one calendar year take the whole of the leave allowed to him under sub-section (1) or sub-section (2), as the case may be, any leave not taken by him shall be added to the leave to be allowed to him in the succeeding calendar year :
Provided that the total number of days of leave that may be carried forward to a succeeding year shall not exceed thirty in the case of an adult or forty in the case of a child :
Provided further that a worker, who has applied for leave with wages but has not been given such leave in accordance with any scheme laid down in sub-sections (8) and (9) or in contravention of sub-section (10) shall be entitled to carry forward the leave refused without any limit.
(6) A worker may at any time apply in writing to the manager of a factory not less than fifteen days before the date on which he wishes his leave to begin, to take all the leave or any portion thereof allowable to him during the calendar year :
Provided that the application shall be made not less than thirty days before the date on which the worker wishes his leave to begin, if he is employed in a public utility service as defined in clause (n) of section 2 of the Industrial Disputes Act, 1947 (14 of 1947) :
Provided further that the number of times in which leave may be taken during any year shall not exceed three.
(7) If a worker wants to avail himself of the leave with wages due to him to cover a period of illness, he shall be granted such leave even if the application for leave is not made within the time specified in sub-section (6); and in such a case wages as admissible under section 81 shall be paid not later than fifteen days, or in the case of a public utility service not later than thirty days from the date of the application for leave.
(8) For the purpose of ensuring the continuity of work, the occupier or manager of the factory, in agreement with the Works Committee of the factory constituted under section 3 of the Industrial Disputes Act, 1947 (14 of 1947), or a similar Committee constituted under any other Act or if there is no such Works Committee or a similar Committee in the factory, in agreement with the representatives of the workers therein chosen in the prescribed manner, may lodge with the Chief Inspector a scheme in writing whereby the grant of leave allowable under this section may be regulated.
(9) A scheme lodged under sub-section (8) shall be displayed at some conspicuous and convenient places in the factory and shall be in force for a period of twelve months from the date on which it comes into force, and may thereafter be renewed with or without modification for a further period of twelve months at a time, by the manager in agreement with the Works Committee or a similar Committee, or as the case may be, in agreement with the representatives of the workers as specified in sub-section (8), and a notice of renewal shall be sent to the Chief Inspector before it is renewed.
(10) An application for leave which does not contravene the provisions of sub-section (6) shall not be refused, unless refusal is in accordance with the scheme for the time being in operation under sub-sections (8) and (9).
(11) If the employment of a worker who is entitled to leave under sub-section (1) or sub-section (2), as the case may be, is terminated by the occupier before he has taken the entire leave to which he is entitled, or if having applied for and having not been granted such leave, the worker quits his employment before he has taken the leave, the occupier of the factory shall pay him the amount payable under section 80 in respect of the leave not taken, and such payment shall be made, where the employment of the worker is terminated by the occupier, before the expiry of the second working day after such termination, and where a worker who quits his employment, on or before the next pay day.
(12) The unavailed leave of a worker shall not be taken into consideration in computing the period of any notice required to be given before discharge or dismissal.
From India, Mumbai
I too agree with Mr. Dhingra who has given the correct answer to the query.
It is common knowledge that when you plan your leave, you would like your leave to commence from a Monday ( pre-fixing the Weekly Off) and to end it on a Saturday (Suffixing the Weekly Off). I both instances the Weekly Off day will NOT be treated as part of Leave.
Vasant Nair
HR Advisor
52. WEEKLY HOLIDAYS. - (1) No adult worker shall be required or allowed to work in a factory on the first day of the week (hereinafter referred to as the said day), unless - (a) he has or will have a holiday for a whole day on one of the three days immediately before or after the said day, and
(b) the manager of the factory has, before the said day or the substituted day under clause (a), whichever is earlier, - (i) delivered a notice at the office of the Inspector of his intention to require the worker to work on the said day and of the day which is to be substituted, and
(ii) displayed a notice to that effect in the factory : Provided that no substitution shall be made which will result in any worker working for more than ten days consecutively without a holiday for a whole day.
(2) Notices given under sub-section (1) may be cancelled by a notice delivered at the office of the Inspector and a notice displayed in the factory not later than the day before the said day or the holiday to be cancelled, whichever is earlier.
(3) Where, in accordance with the provisions of sub-section (1), any worker works on the said day and has had a holiday on one of the three days immediately before it, that said day shall, for the purpose of calculating his weekly hours of work, be included in the preceding week.
79. ANNUAL LEAVE WITH WAGES. - (1) Every worker who has worked for a period of 240 days or more in a factory during a calendar year shall be allowed during the subsequent calendar year, leave with wages for a number of days calculated at the rate of - (i) if an adult, one day for every twenty days of work performed by him during the previous calendar year;
(ii) if a child, one day for every fifteen days of work formed by him during the previous calendar year.
Explanation 1 : For the purpose of this sub-section - (a) any days of lay off, by agreement or contract or as permissible under the standing orders;
(b) in the case of a female worker, maternity leave for any number of days not exceeding twelve weeks; and
(c) the leave earned in the year prior to that in which the leave is enjoyed; shall be deemed to be days on which the worker has worked in a factory for the purpose of computation of the period of 240 days or more, but he shall not earn leave for these days.
Explanation 2 : The leave admissible under this sub-section shall be exclusive of all holidays whether occurring during or at either end of the period of leave.
(2) A worker whose service commences otherwise than on the first day of January shall be entitled to leave with wages at the rate laid down in clause (i) or, as the case may be, clause (ii) of sub-section (1) if he has worked for two-thirds of the total number of days in the remainder of the calender year.
(3) If a worker is discharged or dismissed from service or quits his employment or is superannuated or dies while in service, during the course of the calendar year, he or his heir or nominee, as the case may be, shall be entitled to wages in lieu of the quantum of leave to which he was entitled immediately before his discharge, dismissal, quitting of employment, superannuation or death calculated at the rates specified in sub-section (1), even if he had not worked for the entire period specified in sub-section (1) or sub-section (2) making him eligible to avail of such leave, and such payment shall be made - (i) where the worker is discharged or dismissed or quits employment, before the expiry of the second working day from the date of such discharge, dismissal or quitting, and
(ii) where the worker is superannuated or dies while in service, before the expiry of two months from the date of such superannuation or death.
(4) In calculating leave under this section, fraction of leave of half a day or more shall be treated as one full day's leave, and fraction of less than half a day shall be omitted.
(5) If a worker does not in any one calendar year take the whole of the leave allowed to him under sub-section (1) or sub-section (2), as the case may be, any leave not taken by him shall be added to the leave to be allowed to him in the succeeding calendar year :
Provided that the total number of days of leave that may be carried forward to a succeeding year shall not exceed thirty in the case of an adult or forty in the case of a child :
Provided further that a worker, who has applied for leave with wages but has not been given such leave in accordance with any scheme laid down in sub-sections (8) and (9) or in contravention of sub-section (10) shall be entitled to carry forward the leave refused without any limit.
(6) A worker may at any time apply in writing to the manager of a factory not less than fifteen days before the date on which he wishes his leave to begin, to take all the leave or any portion thereof allowable to him during the calendar year :
Provided that the application shall be made not less than thirty days before the date on which the worker wishes his leave to begin, if he is employed in a public utility service as defined in clause (n) of section 2 of the Industrial Disputes Act, 1947 (14 of 1947) :
Provided further that the number of times in which leave may be taken during any year shall not exceed three.
(7) If a worker wants to avail himself of the leave with wages due to him to cover a period of illness, he shall be granted such leave even if the application for leave is not made within the time specified in sub-section (6); and in such a case wages as admissible under section 81 shall be paid not later than fifteen days, or in the case of a public utility service not later than thirty days from the date of the application for leave.
(8) For the purpose of ensuring the continuity of work, the occupier or manager of the factory, in agreement with the Works Committee of the factory constituted under section 3 of the Industrial Disputes Act, 1947 (14 of 1947), or a similar Committee constituted under any other Act or if there is no such Works Committee or a similar Committee in the factory, in agreement with the representatives of the workers therein chosen in the prescribed manner, may lodge with the Chief Inspector a scheme in writing whereby the grant of leave allowable under this section may be regulated.
(9) A scheme lodged under sub-section (8) shall be displayed at some conspicuous and convenient places in the factory and shall be in force for a period of twelve months from the date on which it comes into force, and may thereafter be renewed with or without modification for a further period of twelve months at a time, by the manager in agreement with the Works Committee or a similar Committee, or as the case may be, in agreement with the representatives of the workers as specified in sub-section (8), and a notice of renewal shall be sent to the Chief Inspector before it is renewed.
(10) An application for leave which does not contravene the provisions of sub-section (6) shall not be refused, unless refusal is in accordance with the scheme for the time being in operation under sub-sections (8) and (9).
(11) If the employment of a worker who is entitled to leave under sub-section (1) or sub-section (2), as the case may be, is terminated by the occupier before he has taken the entire leave to which he is entitled, or if having applied for and having not been granted such leave, the worker quits his employment before he has taken the leave, the occupier of the factory shall pay him the amount payable under section 80 in respect of the leave not taken, and such payment shall be made, where the employment of the worker is terminated by the occupier, before the expiry of the second working day after such termination, and where a worker who quits his employment, on or before the next pay day.
(12) The unavailed leave of a worker shall not be taken into consideration in computing the period of any notice required to be given before discharge or dismissal.
From India, Mumbai
Dear Sumit,
CCS (Leave) Rules 1972 are applicable only to the Central Government servants. Even the said rules are not applicable to the some specific central Government departments, like Railways, All India Services, etc. Railways and All India Services have their own set of leave rules. All State Governments also have their different Rules, but are mostly on the lines of the CCS (Leave) Rules, 1972. Even Public Sector companies/ corporations under the Central Government have their own set of Leave Rules. However, many of those prefer to adopt the CCS (Leave) Rules, rather than having their own set of Leave Rules.
So, there is no question of applicability of CCS (Leave) Rules, 1972 to private sector. All the private sector organizations are free to frame their own leave rules, but the fundamentals remain the same. quantity or nature of leave can be different between organization to organization. However, any organization is free to follow the CCS (Leave) Rules. There is no such compulsion or ban to adopt such rules. But all prefer to tow the line of industrial laws or the shops and establishment acts, which prescribe the minimum limits, i.e., not lesser than the prescribed limits, to be allowed to the employees of any establishment.
For the benefit of all the community members Mr. Vasant Nair has provided above this post a very good detail of the provisions of leave, as specified by the law of the land. Thus the minimum prescribed limits and nature and kinds of leave is a must to be observed for the private sector organizations.
PS Dhingra
Vigilance & Transformation Management Consultant
Dhingra management & Educational Consultancy Group
New Delhi
From India, Delhi
[QUOTE=akhtar_skd2004;1030293]31st will be count as a working day.. 20-30 jan will be leave days[/QUOT
Dear all
31st cant be considered as working day.. you should deduct salary for the days from 20 th 31st.. all sundays and holidays in between his leave days should deducted only..
regards
A suganthi
From India, Coimbatore
Dear all
31st cant be considered as working day.. you should deduct salary for the days from 20 th 31st.. all sundays and holidays in between his leave days should deducted only..
regards
A suganthi
From India, Coimbatore
Thanks to all for the replies. My only concern is that he joined back on 1st feb i.e. monday how can i deduct his sunday?he had taken sick leaves and we are approving only three out of them. Please clarify me what should i do?i am confused,his one day salary also means something.
Regards,
Shikha
From India, Ludhiana
Regards,
Shikha
From India, Ludhiana
Hello,
You can directly visit the site Salaree.com - Your business deserves painless Payroll and enter your data by registering at free cost.This will give you all the details about employee salary generation and also you can define your own rules.
For further query,
Risingsun Technologies Pvt Ltd.
+91 (141) 2374123
Also,You can call this number at any time.
From India, Jaipur
You can directly visit the site Salaree.com - Your business deserves painless Payroll and enter your data by registering at free cost.This will give you all the details about employee salary generation and also you can define your own rules.
For further query,
Risingsun Technologies Pvt Ltd.
friends (at) salaree (dot) com
+91 (141) 2374123
Also,You can call this number at any time.
From India, Jaipur
Dear friends
I would request the members who do not agree with the opinions of Mr. Dhingra, Mr. Vasant Nair and others having similar, fair and legally compliant opinion; to answer the following question; which I am sure will clarify the issue involved :
Warm regards.
From India, Delhi
I would request the members who do not agree with the opinions of Mr. Dhingra, Mr. Vasant Nair and others having similar, fair and legally compliant opinion; to answer the following question; which I am sure will clarify the issue involved :
- "A" is a regular employee of XYZ Co. He wants to take the full month of January 2010 as EL/PL.
He has sufficient leaves to his credit and so applies well ahead, in the month of November 2009, for a months leave. His leave is granted by the competent authority.
Considering that January 2010 has a national Holiday (26th Jan.), a Festival Holiday (14th Jan. - Makar Sankranti) already declared by the Co. as Festival Leave, and 5 Sunday (Closed Holidays and his weekly off days); how many days of EL/PL, he should apply ? [January 2010 has 31 days and the last day of the month i.e. 31st Jan. is a Sunday]
Warm regards.
From India, Delhi
NOT SO SIMPLE Mayank, as you presume!
Would you be able to work in your office if that is closed on that day, or would your organization open the office specifically for you and put other people also on duty just for you to enable you join after leave on that day to work for whole day of that closed day and the other people would also wait for you to leave the office?
Better rethink twice before you reply policy matter questions.
PS Dhingra
Vigilance & Transformation Management Consultant
Dhingra Group of Management & Educational Consultants
New Delhi
From India, Delhi
Would you be able to work in your office if that is closed on that day, or would your organization open the office specifically for you and put other people also on duty just for you to enable you join after leave on that day to work for whole day of that closed day and the other people would also wait for you to leave the office?
Better rethink twice before you reply policy matter questions.
PS Dhingra
Vigilance & Transformation Management Consultant
Dhingra Group of Management & Educational Consultants
New Delhi
From India, Delhi
Dear Shikha,
You are still confused. You just need to strengthen your decision making power. People with wavering minds cannot prove to be good managers.
Just think about the situation, did your oorganization open the office on Sunday to enable him to join on that non-working day? Did your organization made other arrangements also to put other concerned people on duty on that day to open office, to provide him facilities, or supervise his work for the whole day to allow him work for that non-working day?
Simply reply these questions and you would find your answer, yourself.
PS Dhingra
Vigilance & Transformation Management Consultant
Dhingra Group of management & Educational Consultants
New Delhi
From India, Delhi
You are still confused. You just need to strengthen your decision making power. People with wavering minds cannot prove to be good managers.
Just think about the situation, did your oorganization open the office on Sunday to enable him to join on that non-working day? Did your organization made other arrangements also to put other concerned people on duty on that day to open office, to provide him facilities, or supervise his work for the whole day to allow him work for that non-working day?
Simply reply these questions and you would find your answer, yourself.
PS Dhingra
Vigilance & Transformation Management Consultant
Dhingra Group of management & Educational Consultants
New Delhi
From India, Delhi
[QUOTE=suganthiaribhojan;1031292]Dear Suganthi,
Probably you are misinterpreting the words "IN BETWEEN." The Sunday in this case is not in between but happens after completion of the leave period.
Further, just think about the situation, when your orgasnisation is unable to open the office on Sunday, cannot put other concerned official to open office, to take him on duty, to hand over charge back to him, to supervise his work and to provide facilities for his working, how you can expect him to join your office on that closed day? Why he should be put to disadvantage on account of your own organizations' inabilities to provide him the working environment of a closed Day?
PS Dhingra
Vigilance & Transformation Management Consultant
Dhingra Group of management & Educational Consultants
New Delhi
From India, Delhi
Probably you are misinterpreting the words "IN BETWEEN." The Sunday in this case is not in between but happens after completion of the leave period.
Further, just think about the situation, when your orgasnisation is unable to open the office on Sunday, cannot put other concerned official to open office, to take him on duty, to hand over charge back to him, to supervise his work and to provide facilities for his working, how you can expect him to join your office on that closed day? Why he should be put to disadvantage on account of your own organizations' inabilities to provide him the working environment of a closed Day?
PS Dhingra
Vigilance & Transformation Management Consultant
Dhingra Group of management & Educational Consultants
New Delhi
From India, Delhi
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