If Paid Holiday falls on Sunda???

Annual Leave with Wages:-

section 79 of factories act 1948 provides that every worker, who has worked for a period of 240 days or more in a factory during a calender year shall be allowed during the subsequent calender year, leave with wages for a number of days calculated at the rate,-

(i) if an adult, one day for every 24 days of work performed by him during the previous calendar year.

You are following a worng procedure .

the laws says that the festival holidays in an establishment shall be decided jointly by the management and the representative of workmen. Now if the workmen have to participate in selection of festival holidays , they will not opt for sunday as one of those. It appears that your establishment has not adopted the procedure and is not following the law. Law further provides that if the joint parleys fail to yield any consensus, the issue shall be referred to Labour Commissioner.

In the circumstances stated by you, if you have declared a holiday on sunday which otherwise  is a weekly off, then you have to pay for it as overtime wages at double the rate.

And Mr. Ramamchary , Advocate, thanks for your valuable information but it does not answer the query raised by the author.  

Hi Kumanan,

Your question can be divided like this.

Compulsary national festival holidays: Independance day,republic day,Gandhi jayanthi and May day.

Other 5 holidays can be declared in the Form 5 with the concern of trade union and management in the beginning of the calendar year.(So nobody will select festival holidays if falls on sunday as said by Mr.Thukral)

But if the abouve mentioned national festival hoildays falls on sunday no need to pay extra wages for it.

friend,

Exceptions are there for working in national festival holidays.Anyway u hav misunderstood my explanation.i don't know from which industry u belong.Working is different from participating.

Read Indian constitutional law to know well about the role of  president and prime minister.

cheers!

Dear Sir,

Please clarify my boubt.

If any National & festival Holiday falls on sunday, is that day should be paid?

For example,

Total days in a month = 30

Payable days               = 26 (Exculing sunday - Weekly Off)

N&FH Falls on Any of the sundy.

What I suppose to do. should I pay for 27 days? Or 26 days is enough because of the holiday falls on weekly holiday which is not payable.

note:- For workers - The salary will be divided by 26 days.

          For Staffs     - The salary will be divided by 30 / 31 days.

Pls clarify and quote if there is any section relating to this issue

Thanks & Regards,

Tausif

Mr. H.S.Thukral has already replied to the query 7 years back.