abhishek singh (Software Engineer) 12 December 2013

Forcing to work on national holidays is crime?

Hi, I work in IT sector. We are often forced to work on national holidays like 26th january, 15th august, 2nd october, etc. Wanted to know whether is this a criminal offence? Can offices remain open on these national holidays?

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3 Replies

E A MURUGAN (advocate) 12 December 2013

dear friend

1. please note that whether your establishment has been covered under National and Festival And before going to engage you on national holiday, the managment should have intimated to the concering labour department through specified form duly singed by you and manament. Otherwise, you are coming under forced labour .

by e a murugan

Advocate and consultant for labour law

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E A MURUGAN (advocate) 12 December 2013

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Kumar Doab (FIN) 12 December 2013

Agreed with Mr. Murugan.

Look into (Name of your state) INDUSTRIAL ESTABLISHMENTS (NATIONAL

AND FESTIVAL HOLIDAYS) ACT

It may contain:

“(2) Whenever there is any disagreement between the employer and employees or the trade Unions concerned as to the festivals to be allowed as holidays during each calendar year the employer or the employees of the concerned Trade Union shall refer the dispute to the Inspector, having jurisdiction over the area in which the Industrial establishment is situated, for his decision and his decision shall be final.”

4. Employer to send statement to Inspector.—Every employer shall send to the Inspector having jurisdiction over the area in which the industrial establishment is situated, and display in the premises of the industrial establishment, a statement

showing the holidays allowed in each calendar year under section 3, in such form, within such time and in such manner as may be prescribed.

5. Wages.—(1) Notwithstanding any contract to the contrary, every employee shall be paid wages for each of the holidays allowed to him under [section 3 or 3A]

(2) Where an employee works on any holiday allowed under [section 3 or 3A] , he shall, at his option, be entitled to,—

(a) twice the wages; or (b) wages for such day and to avail himself of a substituted holiday with wages

on any other day.

It is always better to unite, from employees unions, IC’s, affiliate with trade unions and keep access to well informed and expert labor consultant/service lawyer.

Find a lawyer like Mr. Murugan and retain access to your lawyer.