Case for Opinion of Experts
Issue: - Our organization which is primarily involved in hospital/healthcare /pharmacy retail store and allied services is facing acute shortage in manpower, especially the nursing and other medical staff. The problem aggravates in case of declared holidays, if any employee is required by the organization to work, then we have to pay two times wages or one day Compensatory off.
Hence we seek your opinion on the following:
Query 1. As, all the organizations need to remain closed on the three national holidays(26th Jan, 15th Aug & 2nd Oct)*, we need to understand from you the implication involved in the holiday on 1st May. Can our organization put the same in the list of Optional Holidays, which the employees are free to avail.
* Provided, any worker needed for the essential services during these 3 days will be entitled for a compensatory off.
Query 2. Is it legally possible that our organization declare only the below 6 holidays as Compulsory holiday:
(1)26th Jan, (2) Holi, (3) 15th Aug, (4) 2nd Oct,( 5) Diwali & (6) 25 Dec.
Besides these, we are providing to our employees a list of Optional Holidays from which they are supposed to avail 6 holidays (this includes the Puja Holidays, Id etc as well). Altogether there would be 12 holidays.
Query 3. We are having an express policy by which an employee is not allowed to encash his leave for Optional Holidays- whether its legally tenable .
Kindly provide your opinion after perusal of the above note
