I have a query, if a new employee start working from 3rd day, let say Monday. Will the employer need to pay the employee 31 days salary or only 29th days excluding the Saturday and Sunday.

And the offer letter says that the employee, need to join from first working day.. but the 1st and 2nd days are Saturday and Sunday (weekday off), so if see technically joining is not possible if these same days is kept as off days.

so, back to my question.. if the employee need to pay him the salary of 31 days or 29 days.

  • 1
    What country are you in? If in the US, what state? There should be some statuatory regulations on your appropriate government website. – Jane S Sep 24 '15 at 4:02
  • 1
    Bangalore, India – Gaurav Mishr Sep 24 '15 at 4:51
  • 2
    What does your employement contract say? Monthly pay? Weekly pay? Bi-weekly pay? Semi-monthly pay? Did you ask HR of your company? – scaaahu Sep 24 '15 at 5:40
  • The employee starting on Monday, the 3rd, will work the same number of days in the month as every other employee. It would be different if someone starts on Wednesday, the 3rd, because that person would work two days less than everyone else. – gnasher729 Sep 28 '15 at 23:06

Short answer: Normally it would be calculated on a pro rata basis.

If there are 20 working days in the month and you work the full 20 days, then you get paid that. If there are 20 working days and you commence on the third working day of the month, then you have worked 18 days of the 20 working days and are paid accordingly. The key here is working days, not how many days are actually in the month.

So in your case, if the normal working week is Monday to Friday to make 20 working days in the month of August, then your person should be paid for the entire month.

Note that your mileage may vary depending on local laws, but this is how it generally works :)

  • 1
    I do not think that india works that way. There are 31 working days in August. If you are not officially hired on for all 31 days then you would not be eligible for pay for all 31 days. I get that the OP worked the number of days they would have worked in august had they been hired on Aug 1 but they were hired effective Aug 3 – IDrinkandIKnowThings Sep 24 '15 at 13:18
  • 2
    Reminds me, again, of why I never want to work in India... – keshlam Sep 24 '15 at 19:32

In India, most of the companies have a specific dates for providing the salaries. So, its company specific.

For example, I worked for a company whose salary date was 10th of every month.

Now, what if its a weekend? Doesn't matter. They will pay you on the next available date.

So, if someone joins on 10th that's well and good. But, if someone joins on 12th then most of the companies will deduct the salary of 2 days unless its not a technical issue (like your case). If that's the case, then they will surely pay you the salary for full month.

Now, speaking to the resigning phase. No matter if you spend 21 days or 35 days, they will take the salary for whole month without considering any holidays or technical issues.

Though again, it depends on your employer. If you have spent some good days and have a good relation with the HR's, they will give you an excellent farewell. :)

if the employee need to pay him the salary of 31 days or 29 days.

He will pay you for the days you have worked and the lost two days wont be considered.

  • I suppose it makes a difference if you join on Wednesday the 12th (didn't work Monday or Tuesday), or on Monday the 12th (didn't work on Saturday and Sunday, but nobody in the company worked on Saturday or Sunday). – gnasher729 Sep 24 '15 at 13:14

Typically -- in the US, at least -- the company will simply pay you for the hours (if hourly wage) or days (if salaried) actually worked in that pay period. Weekends aren't counted. Site holidays generally are. For more detail, ask your employer.

  • A more difficult question is how vacation and sick time will be calculated and accrued in your first year with the company. That is definitely company-specific. I still don't understand my employer's formula, despite asking several times over several decades... odds are it has changed since I was hired anyway. – keshlam Sep 24 '15 at 4:38
  • there might be formulae set in labour law for those too. Certainly here there's no such thing as a contractual number of days you're allowed to be sick, if you're sick you're sick and the company's supposed to pay you for the first X months after which social services take over for example. – jwenting Sep 24 '15 at 9:48

Not the answer you're looking for? Browse other questions tagged or ask your own question.