hi! i just want to know that any employee is unable to attend meeting on national hoiday then may employer send any showcause letter to him/her? please guide
From India, Haora
1From India, Haora
Yes you cannot issue any letter regarding this. It was a national holiday, and no one can force any employee to be working on that day, provided you have a legal permission from your nearest police station.
From India, Delhi
From India, Delhi
Hey All i wanna let you remind why it is called NATIONAL HOLIDAYs and what it means. No one can overrule this and have to be follow this strictly....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.
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 declared that the employer has the right to engage workmen during National Holidays.
From India, Gurgaon
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.
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 declared that the employer has the right to engage workmen during National Holidays.
From India, Gurgaon
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