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Sahitha Ravindran (Manager)     06 December 2012

National holidays

Hello,

 

I am working as HR in ITES company. I have the following questions.

 

1. What is the compensation to be awarded to employees if they work on National Holiday?

2. Do we have to give them a compensatory off on top of extra compenstion for working on National Holiday?

3. If we are maintaining a Physical attendance register can we ask them to sign on it on National Holiday?

4. What is the minimum number Holidays (apart from Leaves) an employee must be awarded?



 13 Replies

STUDENT.... (.......)     07 December 2012

Hi Sahitha,

 

Since I'm also working in ITES company and I have seen policies in the orginications which is as follow...

 

1. What is the compensation to be awarded to employees if they work on National Holiday?

Ans: There are 3 Options you can choose from the following:

i) Either Pay Them Double Salary for that particular day.

ii) Either give them compensatory Off on behalf of that Holiday.

iii) Give nothing from the above 2 options. However they can avail maximum 10 Holidays from the list as per Region Wise and that too on the discrition and proper approval from the Reporting Manager/Supervisor.

 

As an employee I can only say that my company has offered me Option (iii) which is hell as they don't approve any holidays and I have also told them that I just need 2 Holidays from the list rest 8 I'm ready to work without any reason behind the same. But still they have never approved 1 holiday out of those 2 holidays which i need/requested.

 

2. Do we have to give them a compensatory off on top of extra compenstion for working on National Holiday?

Ans: Please refer answer for Question No#.01.

 

3. If we are maintaining a Physical attendance register can we ask them to sign on it on National Holiday?

Ans: Physical Register is not required you can upload the list of National Holidays on the INTRANET of your organization along with that you can put there attandence as well on the INTRANET it self. They can check the Holiday and decide which ever they need they will apply the same only on the INTRANET it self and an automatic copy of the request will be forwarded to the reporting manager from the INTRANET for approval of such request.

 

 

4. What is the minimum number Holidays (apart from Leaves) an employee must be awarded?

Ans: Depends on company to company you can also offer all or Max 10 Holidays as I have mentioned in the Answer of Question No# 01.

 

 

Kind Regards,

 

Kunal

Sahitha Ravindran (Manager)     07 December 2012

Thanks Kunal

Need more clarification...

I am paying all my associates working on National Holidays double the pay. If this is the case is it  okay, if I do not give them any holidays/or less than 10 holidays?

I would like this to be substantiated by Labor law expert...

Kumar Doab (FIN)     07 December 2012

any work in excess of nine hours on any day or for more than 48 hours in any week,

overtime wages are to be paid at the rate of double the wages. It is provided therein that where a worker is required to work beyond the normal hours of work or on any day of rest, he shall be entitled to wages at rate of twice his ordinary rate of wages in respect of the overtime work or work done on a day of rest, as the case may be

It is, however clarified that the Delhi Shops & Establishments Act, 1954 is not exhaustive on all the rights and obligations of the employers and the employees as such the provisions of Industrial Disputes Act, 1947 being Central Act governs the matters

e.g. SE Act Haryana:

30

[12. HOLIDAYS.-Every employee in an establishment shall be allowed –

(a) a holiday with wages on the Independence Day, Republic Day and

Mahatma Gandhi's Birthday; and

(b)

31

[five] other holidays with wages in a year in connection with such

festivals as Government may declare from time to time by

notification:

Provided that an employee required to work on any such holiday shall be

paid remuneration at double the rate of his normal wages calculated by

the hour

Kumar Doab (FIN)     07 December 2012

KIndly ignore the above post. Due to some technical error the complete message did not get posted.Inconvenience is regretted.

IT/ITES companies are covered by SE Act;

You may look into SE Act applicable to your state and speak to officials in SE Inspectorate. You may find latest version of the Act at Dept. of labor website of your state or you may buy from market.

e.g. SE Act Bombay; Sec 35{4}:24[(4) Notwithstanding anything contained in this section, every employee, irrespective of his period of employment, shall be entitled to additional holiday on the 26th January, 25[1st May, 15th August and 2nd October every year. For holiday on these days, he shall be paid wages at a rate equivalent to the daily average of his wages (excluding overtime), which he earns during the month in which such compulsory holidays falls:

Provided that the employer may require any employee to work in the establishment on all or any of these days, subject to the conditions that for such work the employee shall be paid double the amount of the daily average wages and also leave on any other day in lieu of the compulsory holiday.]24

e.g. SE Act Delhi:

8. Employment of adults, hours of work.

(a) Mode for calculation of overtime wages

For any work in excess of nine hours on any day or for more than 48 hours in any week,

overtime wages are to be paid at the rate of double the wages. It is provided therein that where a worker is required to work beyond the normal hours of work or on any day of rest, he shall be entitled to wages at rate of twice his ordinary rate of wages in respect of the overtime work or work done on a day of rest, as the case may be

It is, however clarified that the Delhi Shops & Establishments Act, 1954 is not exhaustive on all the rights and obligations of the employers and the employees as such the provisions of Industrial Disputes Act, 1947 being Central Act governs the matters

e.g. SE Act Haryana:

30

[12. HOLIDAYS.-Every employee in an establishment shall be allowed –

(a) a holiday with wages on the Independence Day, Republic Day and

Mahatma Gandhi's Birthday; and

(b)

31

[five] other holidays with wages in a year in connection with such

festivals as Government may declare from time to time by

notification:

Provided that an employee required to work on any such holiday shall be

paid remuneration at double the rate of his normal wages calculated by

the hour.]

Sahitha Ravindran (Manager)     07 December 2012

Thanks Kumar,

"Provided that the employer may require any employee to work in the establishment on all or any of these days, subject to the conditions that for such work the employee shall be paid double the amount of the daily average wages and also leave on any other day in lieu of the compulsory holiday"

Is this applicable to all the states..ie.Double pay +leave.

Do you have any suggestions on how it works in Karnataka?

 

 

Kumar Doab (FIN)     07 December 2012

SE Act Karnataka;

8. Extra Wages for Overtime Work: more than 9 hrs in any day or more than 48 Hrs in any week

pay wages twice the rate of his normal wages { check: calculated by the hour}.

You may check and confirm with SE Inspectorate and Labor Consultant well versed with Karnataka Labor laws.

https://labour.kar.nic.in/labour/karshopscommercial-1961.htm

 

The blanket exemption granted from IESO Act has ended in Karnataka. Hence employers may frame certified standing orders. If certified standing orders are not framed, model standing orders shall apply.

10.        PUBLICATION OF HOLIDAYS: -Notice specifying the days to be observed by the Company as holidays shall be circulated and/or pasted upon a notice board provided that if any particular workman is required to work on holidays, he shall be notified to that effect in advance through a circular notices, he shall be bound to attend his duties on Sundays or Holiday and paid according to law in force.

17.  Liability of 17[employer].--The [1][employer] of the establishment shall personally be held responsible for the proper and faithful observance of the standing orders.

 

 

The provision of National holidays are there in the State Shops & Commercial Establishment Act & the State Industrial Establishment (National & Festival Holidays and Casual & Sick Leaves) Act.

In accordance with National Holiday Act 1958, Section 3 Every employee shall be allowed in each calendar year a holiday of one whole day on [the 26th January, the first May, the 15th August and the 2nd October] and five other holidays each of one whole day for such festivals as the Inspector may, in consultation with the employer and the employees, specify in respect of any industrial establishment. In accordance with National Holiday Act 1958, Section 5, Notwithstanding any contract to the contrary, every employee shall be paid wages for each of the holidays

NATIONAL AND FESTIVAL HOLIDAYS27

Republic Day (January 26), Independence Day (August 15) and Gandhi Jayanti (October 2) are the three national holidays observed in India. On these days all institutions, irrespective of under which law they are covered, or whether they are public or private organizations or MNCs should necessarily remain closed.

You may look into:

The Karnataka Industrial. Establishments (National and Festival Holidays) Act, 1963, and

 

The Karnataka Shops and Commercials Establishments Act, 1961

 

National Holidays: These holidays are declared compulsorily and the establishments do not have flexibility in timing them

 

26th January, 1st May, 15th August, 2nd October and 1st November

 

Valuable advice of learned exerts/members is sought.



 


Attached File : 153115534 model%20standing%20orders.doc, 153115534 karnataka shops and commercial establishment act.pdf, 153115534 karntaka now applicability%20of%20standing%20order%20to%20it%20industries.doc downloaded: 363 times
1 Like

Sahitha Ravindran (Manager)     07 December 2012

IT is mentioned here that 

"National Holidays: These holidays are declared compulsorily and the establishments do not have flexibility in timing them"

So how does it work for ITES companies, where we have to work on all weekdays irrespective of whether it is a national holiday or not. Mostly BPO follows US fedreal holidays.

What should be done in this case?

STUDENT.... (.......)     07 December 2012

In My Company Delhi/Haryana....

 

 

NATIONAL AND FESTIVAL HOLIDAYS27

Republic Day (January 26), Independence Day (August 15) and Gandhi Jayanti (October 2)

 

The above mentioned Holidays employee still works and no excuse is accpected in this regards...

 

If an employee files a complaint he will out from the Organization after some time with one or th other reason and not only this if there is election in the state as well no matter still the employee has to work..In case of festival Holi/Diwali/Dusherra or any festival the employee has to work on that day as well..

 

 

 

 

1. What is the compensation to be awarded to employees if they work on National Holiday?

Ans: There are 3 Options you can choose from the following:

i) Either Pay Them Double Salary for that particular day.

ii) Either give them compensatory Off on behalf of that Holiday.

iii) Give nothing from the above 2 options. However they can avail maximum 10 Holidays from the list as per Region Wise and that too on the discrition and proper approval from the Reporting Manager/Supervisor.

 

As an employee I can only say that my company has offered me Option (iii) which is hell as they don't approve any holidays and I have also told them that I just need 2 Holidays from the list rest 8 I'm ready to work without any reason behind the same. But still they have never approved 1 holiday out of those 2 holidays which i need/requested and thats Diwali.

 

STUDENT.... (.......)     07 December 2012

My BPO does not follows US/UK/Australia/Canada fedreal holidays as well.

 

Its 24x7 and 365 Days a year....

Kumar Doab (FIN)     07 December 2012

The companies operating in India shall have to follow law of the land even if they are servicing clients in US.

For IT/ITES partial exemptions have been granted and enshrined in SE Act. States have formulated and published thier IT/ITES policies which can be accessed at govt. website or bought from market.

THE KARNATAKA INDUSTRIAL ESTABLISHMENTS (NATIONAL

AND FESTIVAL HOLIDAYS) ACT, 1963

You may read Sec3,3A.

5. Wages.—(1) Notwithstanding any contract to the contrary, every employee

shall be paid wages for each of the holidays allowed to him under

1

[section 3 or 3A]

1

.

1. Substituted by Act 28 of 1997 w.e.f. 30.9.1997

(2) Where an employee works on any holiday allowed under

1

[section 3 or 3A]

1

, he

shall, at his option, be entitled to,—

1. Substituted by Act 28 of 1997 w.e.f. 30.9.1997

(a) twice the wages; or

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

on any other day.

 

----SE Act Karnataka:

VII

Amending Act 11 of 2011.

Regarding partial exemption from opening and closing hours and weekly holidays.

1.          Exemptions;

{2}

Nothing contained in sec11 and sub section {1} of section 12 shall apply to {q}

{r}

 

You may also read Sec 23, 24, 25 of THE MINIMUM WAGES (CENTRAL) RULES, 1950.

You may check and confirm with SE Inspectorate and Labor Consultant well versed with Karnataka Labor laws.

https://labour.kar.nic.in/labour/karshopscommercial-1961.htm


Attached File : 153187111 karnataka national and festival holidays 24 of 1963 (e).pdf downloaded: 50 times

Ruchi Choudhary (Manager-HR)     08 December 2012

Hi,

i have read the contributions given by the members and feel i should give my input to this:

Sahitha: It all depends upon the HR policy you have. Also, if you dont have one then the first thing is designing a policy.

Generally, any employee working on any weekly off or national holiday, a compensatory off is provided and you can define a limit to avail this compensatory off.

Also, it is important to tell you that the above policy will be implicable to employees above then the minimum wages. The one who's is already on minimum wage, 1 day extra wage will be provided with the salary.

Regards,

Ruchi

 

Sahitha Ravindran (Manager)     08 December 2012

Ruchi,

 

We have a policy, and  following that we pay more than double salary for working on National Holdiays. I just wanted to substantiate that this move is as per the labor laws of the land.

My doubts were basically the following:

1. Is double pay enough? Do we have to offer a compensatory off along with double pay to our associates?

2. If we are paying double pay, is it okay if the associates is awarded less than 10 holidays per calendar year.

Legend   20 January 2020

National holidays are the days which govt give free to all the employees and students and it is always something new to do in these days. You can get the list from custom writings which will help you to know other countries' holidays too.


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