How To Compensate If An Employee Is Working On National Holidays Like 26th Jan, 15th - CiteHR
Labour Laws & Ir
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Manaer Hr & Admn, Prexus Health India
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Hi all,
I am working for a health service industry. Here we do not have government holidays like 15th aug, 26th jan etc. My query is how to compensate this, should there be double payment for that day or some other rule is applicable.
An early reply would be benificial.
Thanks & regards,
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Usually, when a person works on public/government holidays, then he/she need to be given a day off. This would be apart from his regular paid leaves.
Dear Suhrita,
First of all we are to examine that under which of the Labour Law the employees are entitled to National & Festival holidays. 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. These are the State Acts. Whether civil service rules are applicable? The Industrial Employment (Standing Orders) Act1946 may also be applicable wherein this type of holidays may have taken place in these Orders. After finalising this issue we may further discuss the details regarding the grant of holidays & payment of OT etc.

(Labour Law & Legal Consultants)
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
Is it required to take prior approval from any Autority if we call employees to work on days like 15th Aug, 26th Jan, 2nd Oct. I want to know as we are a KPO registered under Punjab Shops & Establishment Act and many times due to client requirements we have to call employees for work on Holidays. We pay them double the wage for those days.
Dear Shaurab,
For taking work from the employees on such holidays, no permission is to be taken from any authority under The Punjab Shops & Commercial Establishment Act,1958 as applicable to the state of Haryana. According to section 12 you are to pay remuneration at double the rate of his normal wages calculted by the hour.

(Labour Law & Legal Consultants)
Hi all, This time Jan 26th is coming on Saturday. In case any employee is on leave on 24th to 28th do this national holiday come under leaves. Requested to clarify ASAP. Regards Balaji B
Dear Balaji B,
Greetings for the day,
In this case the employee is on leave from 24-01-2013 to 28-01-2013, on 24th, 25th , 28th will falls under CL/EL category, 26th should be marked as national holiday, 27th should be marked as week off., so the leave counted should be 03 instead of 05 days. Last but not least Leave is granted only in lieu of working days instaed of week off & holidays.
Thanks & Regards,
Sumit Kumar Saxena
if a employees is in his probation can he get a compensatory off of the public holiday i.e on 26th jan on which he was working.
Yes probationer is a workman, those rules all rule which is applied to rest of the employees he can also benfitted with the same. thanks & regards, from, sumit kumar saxena

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