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Thread Started by #menthresh

Hello friends, is working on a national holiday is a crime.if not what is the legal situation.
1st October 2010 From India, Delhi
NO Crime to work on national holidays. Tell me one thing in case of Continoues manufacturing unit can they close their units either on Public holiday or national holiday. No Association / Union / Statue put restiction on working of National Holidays provided you follows factory act rules.
Thanks
Jignesh Panchal
1st October 2010 From India, Ahmadabad
Its NOT crime to work on NATIONAL HOILDAYS but the employer should get permission/information to authorities. If no such permission is sought for, the employee shall be penalized under the provisons of Act
1st October 2010 From India, Tiruchchirappalli
Hi, For working on national n festival holiday, please fill up the Form No. 5-A under Factories Act, 1948, n send to d inspectorate authorities n get prior permission. Thanks. Jana.
2nd October 2010 From India, Jhajjar
Dear Member,
The Factories Act, 1948 do not provide us any formats. These are the Factory Rules, Central or State which provide us various forms & therefore name the relevant Rules under which we are to submit this Form V A to the inspectorate authorities for prior permission to work on national & festival holidays.
Regards,
R.N.Khola




2nd October 2010 From India, Delhi
Re: working on national holiday is a crime
Hello
If one has not taken the permission and even then that factory is working then is it punishable OR it does not have any legeal support. If it is like that then what for national holidays?
Regards
Pournima
2nd October 2010 From India, Pune
Yes, Gandhi ji Birhtday is a national Holiday.Other two are 26th jan. and 15th Aug. regds anil kaushik
3rd October 2010 From India, Delhi
Not a crime, but since a national holiday is a paid holiday in all respects and you have to pay wages for not working on that day, you will have to pay double the daily wage or the higher rate of overtime allowance fixed for holidays in addition to the wage/ salary of the worker for his working on a national holiday.

3rd October 2010 From India, Delhi
Not only now, but right from the very beginning, Mahatma Gandhi's birthday (2 October) had always been a national holiday in addition to the Independence Day (15 August) and Republic Day (26 January).

3rd October 2010 From India, Delhi
Dear
It is no crime when the law provides for it.Each State have their Holidays working Act.You just need to pay double wages.If you want better HR practice then you can give them one additional day off.
With Regards
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3rd October 2010 From India, Bangalore
Birthday of Dr. B. R. Ambedkar is also declared as a national holiday effective April, 2010. Attached is the Memorandum for your reference.
So, now we have four National Holidays namely;
26th January - Republic Day
14th April - Birth anniversary of Dr. B. R. Ambedkar
15th August - Independence Day
2nd October - Birth anniversary of Gandhiji
As regards working on nationaly holiday, yes, we need to take prior permission from the Inspectorate of Factories. I think, even if you write a letter to the authorities, on your company letterhead, they would reply.
After taking permission from the authorities, if you work on the national holiday, you need to comply with the Minimum Wages Act and pay the wages at overtime rate i.e. 200% of the normal wages.
Best regards,
Maya Talkar
Auditor - Social Compliance
9422442200

3rd October 2010 From India, Gurgaon

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There was also another thread, more or less, discussing the same issue. The basic thing we all should know is the law. The law of the land should be followed. The law in this regard is laid down in the Acts and Rules made by the concerned States. The title of the ACT/Rules varies from State to State, but it would be something like - National and Festival Holidays Act or Rules. One has to refer to this Act or Rule and follow it.
Permission is required to work on these holidays. Some other day-off is to be given in lieu of this holiday if anyone works on this holiday. Otherwise wages are to be paid in special rates which is normally twice the normal wages.
In case of breach of these provisions, penalty is also normally provided in the corresponding Act or Rules.
3rd October 2010 From India, Madras
Dear Maya Talkar, Auditor - Social Compliance.
The contention in your post #12 is misleading.
The 14th April - Birth anniversary of Dr. B. R. Ambedkar holiday was declared only for the year 2010 and is for the Central Government Offices including Industrial Establishments throughout India (also under NIA).
This was not binding on state governments.
In no iota of imagination, it can be construed as a National Holiday at all at par with other three National Holidays.
3rd October 2010 From India, Chandigarh
Dear Menthresh,
For you to know the list of National and Festival Holidays applicable to your state. Please get a bare act on National and Festival Holidays applicable to your state and get the necessary clarification.
In Tamilnadu the National Holidays are 26th Jan, 01st May, 15th Aug & 02nd Oct. If you are required to work on a National Holiday you can send an intimation to the Factories Inspectorate (of course you have to get the concurrence of the Trade Union if you have one in your industry) and then ask the workmen to work on that day. You have to give them a off 3 days prior of 3 days after the National Holiday.
M.V.KANNAN
4th October 2010 From India, Madras
Dear Maya,
There is a great difference between a national holiday and a general holiday. The notification attached by you does not indicate anywhere that the holiday on account of birthday of Dr. B.R. Ambedkar will be a national holiday from 2010 onwards. All holidays observed by central Government or the Industrial organizations are not national holidays. The said holiday was not compulsory for all the states of India. A national holiday is compulory to be observed by all the organizations including industrial and private organization throughout India (including state Governments and other organizations there) and for all the years to come.
So, your notion about the holiday of 14th April is misleading. It was declared as a general holiday specifically for the year 2010 only, and not as a national holiday.

4th October 2010 From India, Delhi
Can you please indicate the State to which the establishment belongs to? This is just to verify whether the Act/Rules of that State cater for such a hefty penalty!
4th October 2010 From India, Madras
Are the employees of shops and establishments entitled to any additional holidays over and above leave with pay?: In addition to annual leave with pay an employee of a shop or re-establishment is entitled to a paid holiday on 26th January, 1st May, 15th August and 2nd October every year. {Section 35(4)}
10th August 2011 From India, Pune
Dear All, please let me know, if the weekly holiday of a employee fall on national holiday ,can he has entitlement for compensation . regards Rajvir Singh
11th August 2013 From India, Chandigarh
So. Do we need to take permission from any authorities to work on a National Holiday, or we can just carry on with daily operations ensuring employees are paid twice of what there daily wages.
In case any permission is required, where to address it to
18th September 2013 From India, Delhi
Dear all
Only three holidays - 26th Jan (Republic Day), 15th Aug (Independence Day) and 2nd Oct (Gandhi Jayanthi) are commonly observed through out our Nation. Some States like Tamil Nadu has declared 1st May as additional Compulsory Holiday under the Tamil Nadu Industrial Establishments (National & Festival Holidays) Act 1958. All other holidays as and when any Government declares will be under the Negotiable Instruments Act 1881 and it will not be applicable to any private Industrial Establishments. Regards N Nataraajhan, Sakthi Management Services
23rd March 2014 From India, Bangalore
1)Does health care industries like hospitals and diagnostic labs are allowed to work on national holidays by default? Or
2) Do they need to get prior approval for working on each and every national holiday? Or
3)Should they get prior approval for working on all national holidays at the beginning of the year in one shot?
3rd December 2016 From India, Chennai
If an employee work on gazetted holiday what would be payment rate.Is company pay him extra allowance?
26th December 2016 From Pakistan, Lahore
Dear Seniors
If Factory run on any national day can we intimate to Dy. Labour commissioner
or get any approval from Dy. Labour commissioner
we already maintained National Holiday Register and pay double ot and one day leave
please guide me
if get any permission from concern dept . please give latter format
20th January 2018 From India, Delhi
Can we complaint if any private company is not giving holidays on National Holidays if Yes then how??
3rd September 2018 From India, Kaithal
Dear Member,
Yes, you can made a complaint before the appropriate forum. If your private company is situated in Kaithal then you can made a complaint before the o/o Assistant Labour Commissioner, Kaithal (Haryana) for taking necessary action against the company.
Regards,
R N KHOLA
4th September 2018 From India, Delhi
hi
what if the company is doing payroll and accounts of other companies, and as per company policies they restricted for limited holidays which includes national holidays as well Every employee has worked in national holidays also because they said if we took leave on that day they will put LOP .
though it is national holiday but as per company policies it is not in company holidays list.
If the company is working for international companies then it may be possible that we have to followup our clients but this company is working for Indian companies,
and even our clients will have holiday but unfortunately we will not get..
18th December 2018 From India, Bengaluru
hi
what if the company is doing payroll and accounts of other companies, and as per company policies they restricted for limited holidays which includes national holidays as well Every employee has worked in national holidays also because they said if we took leave on that day they will put LOP .
though it is national holiday but as per company policies it is not in company holidays list.
If the company is working for international companies then it may be possible that we have to followup our clients but this company is working for Indian companies,
and even our clients will have holiday but unfortunately we will not get..
18th December 2018 From India, Bengaluru
Hello Sir,
I want to know about Holiday 26 january.
Incase of working half day on 26 January demand for Full day extra &
Company situation is good but salary issue without prof. tax & he is pvt ltd.
& he is working on no given holiday.
any action take for employee or etc Dept.
please reply.
Jatin Panchal
28th January 2019 From India, Ahmedabad
Dear Jatin,
For non compliance of labour laws you may approach the o/o Govt. Labour Officer of your area.
R N KHOLA
7th February 2019 From India, Delhi
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