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My self krishna Rathor, new joining with you, hope gets more valuable ideas and thouths to increse my knowledge. thanks to all
Please somebody guide me on Natioanl and Festival Holidays rules. the question is that "Is a wrokmen is entitled to pay the National and festival holidays (As per the The Punjab industrial establishment (National and festival holidays and casual and sick leave) Act, 1965) if he was continuos absent from his duty and the same holiday comes in between of that duration." Suppose from Today on dated 28.04.2011 a worker is on leave and back on to his duty on 04.05.2011 and the holidays was on dated 30.04.2011 in this case, is the workmen is entitled to get the holiday benifit from the employer. Please advise

Dear

Your question is that "Is a workman is entitled to pay the National and festival holidays (As per the The Punjab industrial establishment (National and festival holidays and casual and sick leave) Act, 1965) if he was continuous absent from his duty and the same holiday comes in between of that duration." Suppose from Today on dated 28.04.2011 a worker is on leave and back on to his duty on 04.05.2011 and the holidays was on dated 30.04.2011 in this case, is the workmen is entitled to get the holiday benefit from the employer.

First of all, I would like to clarify that if any person is absenting from duties w.e.f. 28.04.2011 and reports for duty on 04.05.2011, he will not be entitled for any weekly off legally, because for the entitled for weekly off, any employee has to worked for 48 hours in a week means 6 days x 8 hours. Further, I am reproducing Section – 5 of Punjab Industrial Establishment (National and Festival Holidays and Casual and Sick Leave) Act, 1965:-

5. Wages. -- Notwithstanding any contract to the contrary, every worker shall, for each of the national and festival holidays and of the casual or sick leave, be paid by the employer

wages at a rate equivalent to his average daily wage;

Provided that –

(a) No worker shall be entitled to be paid such wages for any holidays, or leave other

than a national holiday, if his name was not on the rolls of the industrial establishment continuously for a period of one month immediately preceding such holidays or leave;

(b) Where a worker is entitled to sickness benefit under the Employees State

Insurance Act 1948, or sickness allowance under the Plantation Labour Act, 1951,

he shall not be entitled to be paid such wages for the days of sick leave allowed to

him under this act; and

(c) where a worker is not entitled to such sickness benefit or sickness allowance, he

shall be paid wages for the days of sick leave, allowed to him under this Act at a

rate equivalent to one half of the average daily wage.

In view of the above, the employee is entitled for only national holiday (like 26th January, 15th August & 2nd October) but he shall not be entitled for wages for any holidays, or leave, if his name was not on the roll of the company continuously for a period of one month immediately preceding such holidays or leave.

I hope that the above will clarify the position, if any other clarification you are most welcome.

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