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Yasmin_86
Hi,
I am working in a customer service industry. I wanted to know, Is 2nd Oct still a national holiday in India? Also if we are working on national holidays how is an employee compensated? Do company's have option for compensation in terms of monitory or compensatory leave? If non of the compensation is give what are the actions that an employee can take on company?

From India, Coimbatore
Cite Contribution
1858

Dear Yasmin,
Here are your options,
-Suppose you need to meet certain hours for working on a weekly or a monthly basis. You can call for a working day , on a weekly-off before 2nd Oct. That way you can declare a holiday on 2nd October.
-You may require to run your firm without any option to keep it closed. In that case, zero down to the number of processes that may need to work and call for an off after 2nd, for all those employees, working in them.
-There are few firms , who offer extra money to work on a National holiday, that may remain your last resort as it will push your cost of productions up.
Wish you all the best !

From India, Mumbai
saswatabanerjee
2383

Yes, it is still a national holiday.
If you are working in that day, you need to pay people 2 times salary as overtime.
In alternate, you may give a different day of that week as compensatory off
You may also give a staggered off, by allowing employees to chose which days of that week they will take a holiday in such a manner as not to affect work

From India, Mumbai
9871103011
455

Dear Yasmin,
You must be aware that all the states have their own set of regulations for the observance and treatment of National & Festival holidays.These holidays are regulated under their respective National and Festival and Casual and Sick leaves Act.The Govt of India has declared 26th January (Republic day), 15th August( Independence Day) and 2nd October (Gandhi Jayanti ) as National Holidays.Those employees who are working on national holidays are entitled for overtime wages at double the rates of wages, which is common in all the states but besides this some of the states insist for an additional holiday as compensatory off. An employer is liable to the punishment of fines & imprisonment who fails to observe these rules.
BS Kalsi
Member since Aug 2011

From India, Mumbai
Downtobottom
Dear Kalsi Sir, I want to know whether this double wage is applicable for all industries and their permanent on roll executives or only for workers? Regards, Sandeep
From India
avdhoot69
For mumbai, Do you have any vigilance officer number ? is applicable to office staff also.
From India, Mumbai
9871103011
455

Dear Yasmin,

All of us know that the provisions of labour laws have been framed to watch the interest of working class,who are more vulnerable to the exploitation and not for the excutives who are in a much better footing for negotiating the terms & condition of their service.The provisions of these Act/Rules are applicable to all the industrial establishments. For instace Punjab Industrail establishment (National and Festival holidays and casual and sick leave ) Act, has defined worker as;

(i) any person (including an apprentice) employed in any industrial establishment to do any skilled or unskilled, manual, supervisory,technical or clerical work for hire or reward,whether the terms of employment be expresssed or implied or

(ii) any person employed in any industrial estashmnent whom the Govt may,by notification,declare to be worker for the purpose of this act.

For such doubts make it a habit to see the applicability of the act and the definition of worker or workman given in the Act, which varies from the Act to Act and the rules as applicble the states.

BS Kalsi

Member since Aug 2011

attribution https://www.citehr.com/455026-workin...#ixzz2Od1mPcwT

From India, Mumbai
varghesemathew
910

Yasmin , Please go through the national& festival holidays Act of Tamil nadu, which is applicable to you . VARGHESE MATHEW 9961266966
From India, Thiruvananthapuram
SAIBHAKTA
104

Dear Yasmin,
26thJanuary;15thAugust and 02ndOctober are national holidays. In my organisation these days are always holidays.Those departments which have fixed 5days working week and off on week-ends get a substitute holiday on some other festival day if any of these three national holidays falls on SAT/SUN.The other departments which work all 365/6 days of the year on round the clock basis, a compensatory off is given to those in clerical cadre who have thier weekly off on these three days or to those officers who perform duty on these days.For those in clerical cadre who have a normal duty on these holidays ,they get holiday overtime for the entire day's work.

From India, New Delhi
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