In Factory premises which type of labour are eligible to work on National holiday.
From India, New Delhi
From India, New Delhi
No kind of employee can be called upon to work on a National Holiday. However, if engaging workers on a holiday is so important then you can engage them provided you give them overtime payment and a compensatory holiday.
Since Managers are not workmen under any labour law, they can work on holidays and for that no overtime nor compensatory holiday is to be paid. They are deemed to be representatives of the owners or employers.
Regards,
Madhu.T.K
From India, Kannur
4193Since Managers are not workmen under any labour law, they can work on holidays and for that no overtime nor compensatory holiday is to be paid. They are deemed to be representatives of the owners or employers.
Regards,
Madhu.T.K
From India, Kannur
Thank you very much sir. Please elaborate this question more by giving answer of following:
Q.1. Is it there any "Essential Service" which can work on National Holiday, if yes then please tell me what are the service comes under "Essential Service".
Q.2. Can Contractor labour works on National Holiday ?
From India, New Delhi
Q.1. Is it there any "Essential Service" which can work on National Holiday, if yes then please tell me what are the service comes under "Essential Service".
Q.2. Can Contractor labour works on National Holiday ?
From India, New Delhi
By essential service I only meant those services which can not be suspended. For example, in a boiler and work related to it there should be some workers engaged round the clock. Similarly, an urgent repair work which has to be attended without which the factory might remain closed on Monday or the day following also is an essential work.
Regarding contract labour I have a different opinion because contract labours are engaged on work of non perennial nature which has no direct connection with the routine work of the company and as such there is hardly any urgency to engage them on national holidays. Therefore, avoid them for holidays.
Regards,
Madhu.T.K
From India, Kannur
Regarding contract labour I have a different opinion because contract labours are engaged on work of non perennial nature which has no direct connection with the routine work of the company and as such there is hardly any urgency to engage them on national holidays. Therefore, avoid them for holidays.
Regards,
Madhu.T.K
From India, Kannur
Moreover on national holidays like Independence day, You have to pay thrice of normal pay as overtime, as against double in normal days.
From India, Jabalpur
From India, Jabalpur
As per sec.5 of National & Festival Holidays Act
...(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.
More over the judgement of Honb'le SC on SIAL case declard that the employer has the right to engage workmen during National Holidays.
Arulmani RS
From India, Madras
...(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.
More over the judgement of Honb'le SC on SIAL case declard that the employer has the right to engage workmen during National Holidays.
Arulmani RS
From India, Madras
In my knowledge the above said Act (National and Festival Holidays Act) is not a central Act but a state legislation, like Kerala Industrial establishments (National and Festival Holidays) Act, Karnataka Industrial establishments (National and Festival Holidays) Act, Punjab........ etc and accordingly, there will be different provisions about holiday wages under different state Acts.
Regards,
Madhu.T.K
From India, Kannur
Regards,
Madhu.T.K
From India, Kannur
hai, Could you tell me who are eligible to avail compensation holiday? Can Engineers or Asst engineers are eligible to get compensation holilday? regards V.vivek
From India, Velluru
From India, Velluru
As per labour Acts only workmen are entitled to get OT and/ or compensatory offs, yet anybody who works FOR the organisation on a holiday is eligible to get an off on another day according to the convenience of the establishment's work pressure etc.
Regards,
Madhu.T.K
From India, Kannur
Regards,
Madhu.T.K
From India, Kannur
I am still in confusion.
let me introduce my area: We are pharma company established in the region of Gujarat. right now we have two contruction projects are going on in the factory premises and in the project various contract workmen are working.
Now my question is:
On independence day can we allow to work then on the premises. Can anyone introduce me with applicable law which says on the working of contract workmen in the premises on the National hodiday?
Please do needful at the earliest.
Thanks
Hitesh Limbani
From Singapore, Singapore
let me introduce my area: We are pharma company established in the region of Gujarat. right now we have two contruction projects are going on in the factory premises and in the project various contract workmen are working.
Now my question is:
On independence day can we allow to work then on the premises. Can anyone introduce me with applicable law which says on the working of contract workmen in the premises on the National hodiday?
Please do needful at the earliest.
Thanks
Hitesh Limbani
From Singapore, Singapore
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The Tamil Nadu Industrial Establishments (National And Festival Holidays) Amendment Act, 2017.pdf
Form V.xls National and Festival Holidays.xls