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Jay (Team Member)     19 February 2010

compensation for working on national holidays

Hi, I am working in a BPO, in mumbai. I would like to know what is the law of getting compensation for working on National Holidays? (15th Aug, 26th Jan, etc). Are we eligible for double pay and a compensatory off OR any one of these.



Learning

 19 Replies

Sarjooram Sharma (Assistant Labour commissioner)     20 February 2010

You are entitled for double wages of that national holiday in which you have worked. There is no provision in labour laws regarding compensatory off.

1 Like

V. VASUDEVAN (LEGAL COUNSEL)     21 February 2010

In addition to the double pay for working on a National Holiday, you are entitled for a substituted holiday.

Vasudevan

Jay (Team Member)     22 February 2010

What if company is only giving double pay and no substituted holiday, is it rite as per the law or not? First they had declared both then they said those who have taken holiday will be converted to previliged leave.

Sarjooram Sharma (Assistant Labour commissioner)     22 February 2010

Yes it is right that the company is not giving substitute holiday and paying only double pay.

Rajan Salvi (Lawyer)     02 March 2010

In addition to the double pay for working on a National Holiday, you are entitled for a substituted holiday.

Is this applicable to government servants also?

Sarjooram Sharma (Assistant Labour commissioner)     03 March 2010

The employee is entitled only for double pay, not substitute holiday, if he works on national holiday. This is not applicable for government servants.

Parin Panchal (Deputy Manager)     06 March 2010

Is there any guideline / notification in this regard ?

Sarjooram Sharma (Assistant Labour commissioner)     06 March 2010

Please see rule 25 of Minimum Wages (Central Rules) 1950 which is quoted herebelow:

25.  Extra wages for overtime.—(1) When a worker works in an employment for more than nine hours on any day or for more than forty-eight hours in any week, he shall, in respect of overtime work, be entitled to wages,—

(a)  in the case of employment in agriculture, at one and a half times the ordinary rate of wages;

(b)  in the case of any other scheduled employment, at double the ordinary rate of wages.

Explanation.—The expression "ordinary rate of wages" means the basic wage plus such allowances including the cash equivalent of the advantages accruing through the concessional sale to the person employed of foodgrains and other articles as the person employed is for the time being entitled to but does not include a bonus.

I7[(2) A register of overtime shall be maintained by every employer in Form IV in which entries under the columns specified therein shall be made as and when overtime is worked in any establishment. The register shall be kept at the workspot and maintained up-to-date. Where no overtime has been worked in any wage-period, a 'nil' entry shall be made across the body of the register at the end of the wage-period indicating also in precise terms the wage-period to which the 'nil' entry relates.]

(3) Nothing in this rule shall be deemed to affect the provisions of the Factories Act, 1948 (63 of 1948).

1 Like

Rizwan Ahmed Ansari (Asst Manager: HR)     28 May 2010

Sir your suggestion and guidence are realy of good help... i jast want to have a clearity if the Bombay shop & Establisment says any thing on Compensatory Off?

Sarjooram Sharma (Assistant Labour commissioner)     28 May 2010

no i have not gone through the bombay shops and commercial establishment act.

Reetu Dwivedi (Paralegal)     21 September 2011

As per Bombay Shops and Establishment Act if an employee is required to work on any of above mentioned holidays he will be eligible for a compensatory holiday in addition to double the payment for the holiday on which he has worked.Sec-35(4)

Shalini (HR Manager)     13 January 2012

Hi

 

Please let me know what will be the provision in below situation:-

1) If we wish to give a compensatorry off - If  Rs. 100 is salary of 1 day for an employee he will be paid double salary i.e Rs. 200 for working on a national holiday.

2) If we do not wish to give a compensatorry off - If. Rs. 100 is salary of 1 day for an employee he will be paid double salary i.e Rs. 200 + normal pay i.e Rs. 100 = Rs. 300

Please confirm

 

Regards

Shalini

r.chandra shekhar (worker )     04 October 2012

Hi, I am working in a BPO, in gurgaon delhi ncr . I would like to know what is the law of getting compensation for working on National Holidays? (15th Aug, 26th Jan, etc). Are we eligible for double pay . and if the company is not paying and giving no holidayes excpt sundayes and no other holidayes

what we can do ?is it leagle to make us work on  National Holidays is constitution of india  allowes such practices 

Divya (Assistant Professor)     14 August 2013

I wanted to know if it is correct to mark CL(Casual Leave) on 15th august if an employee doesnt turn up at the college function???


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