What rights does the employee have when the company(Pvt) is asking to work without any compensation(comp off or extra pay) on a national holiday ?
Also what are the rights of an employee towards weekly off ?
From India, Delhi
Also what are the rights of an employee towards weekly off ?
From India, Delhi
Under any Act (Factories Act, Plantations Labour Act, Shops and Establishments Act or Mine Act) an employee who works for six days is eligible to get one day off. This is a right conferred to him by law itself. Under no circumstance an employee shall be compelled to work for more than 10 days without allowing him one day off. Therefore, the maximum period of continuous work shall be ten days.
Regarding holidays also the company is expected to have a code of conduct. What all are the holidays (National and Festival) going to be observed by the company in the year should be communicated to the appropriate authorities. If Shops and Establishments Act is applicable, the holidays should be approved by the Labour Department of the State Government. Once notified and put in the company notice board, the employer is bound to grant such holidays to the employees. Certainly, the employer can call on employees to work on such holidays but before doing so, the employer should communicate the matter to the Labour Department and the names of employees who are directed to work on holiday should be put in the notice board also. The most important thing is that if an employee works on a holiday, he should be given compensatory holiday and additional payment (double the rate ) for such work. A return of payment of National and Festival Holiday Payment is to be sent to the Labour Department in the succeeding month. When these formalities are there with holidays and holiday work, it is nothing but a right of an employee to get festival or national holiday or to get compensatory holiday in lieu of the day lost.
Regards,
Madhu.T.K
From India, Kannur
4193Regarding holidays also the company is expected to have a code of conduct. What all are the holidays (National and Festival) going to be observed by the company in the year should be communicated to the appropriate authorities. If Shops and Establishments Act is applicable, the holidays should be approved by the Labour Department of the State Government. Once notified and put in the company notice board, the employer is bound to grant such holidays to the employees. Certainly, the employer can call on employees to work on such holidays but before doing so, the employer should communicate the matter to the Labour Department and the names of employees who are directed to work on holiday should be put in the notice board also. The most important thing is that if an employee works on a holiday, he should be given compensatory holiday and additional payment (double the rate ) for such work. A return of payment of National and Festival Holiday Payment is to be sent to the Labour Department in the succeeding month. When these formalities are there with holidays and holiday work, it is nothing but a right of an employee to get festival or national holiday or to get compensatory holiday in lieu of the day lost.
Regards,
Madhu.T.K
From India, Kannur
Community Support and Knowledge-base on business, career and organisational prospects and issues - Register and Log In to CiteHR and post your query, download formats and be part of a fostered community of professionals.
Working with communities.ppt
The National Security Act 2009.doc
Occupational Safety, Health & Working Conditions Code 2019.pdf