Kamalkantps
Advocate
Soumik1570
Calcutta University
Snsitaram
Agm (p&a)
Kartiken
Mgr-hr
+4 Others

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Dear Seniors,
Rescent post in TOI and other newspapers about national holidays valid proofe rises question in all of us.
Kindly inform on the status of suche holidays...does it now mean it is not compulsion on an organization to observe these holidays and break the since birth notion followed?
RL here fro reference :- August 15 is not a national holiday? - The Times of India
Regards
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It is national holiday..but ya things are changing fast , my poor roommate also went to his office on 15th, when all of us were celebrating Independence day, he was still not independent and under TCS rule..:D:D:D
dear saumil ji, i respect your views. i was in fact seaeching for some validated proof to it. please URL mentioned where it clearly mentions no such proof provided by concerned authority if such holidays are realy mandatory holidays. in such case what will be conclusion and how should an HR act whether to curtail or move with so called 'national holidays'.
regards
Yes All three are National as well as compulsory Holidays. And 1st May also for Maharashtra Region. Regards, Hiten Dalal
I do not know about the Govt. orders in archives dept. etc, but we follow Andhra Pradesh National & Festival Holidays Act and accordingly Republic Day, May Day, Independence Day and Gandhi Jayanthi are national holidays.
Dear Kartiken,
Don't follow TOI, follow the notification issued by Government every year. The notification for holidays, issued by concerned state government where your work/office is located is to be followed. Just an additional information, you have to take prior permission for keeping your establishment open on a national holiday or face penalty.
By the way, rules and regulations issued by competent auhtority is to be followed.
Regards
Prem
Dear All,

First of all let me clarify how do you get leaves.

Under Section 25 of NEGOTIABLE INSTRUMENTS ACT, 1881 it is given that if the date of maturity of any negotiable instrument falls on a public holiday that instrument shall be payable on the next working day. The government each year be it a central govt. or state government declare the list of holidays to be observed as public holidays for financial institutions. Governments declare holidays which are observed as holidays for their employees only. However the governing law be it shops act or factories act provide the leaves available to private companies employees. three national holidays are available to all irrespective of the government employee or private sector employee i.e. 26 Jan, 15 Aug and 2 Oct. Many businesses need to work 24x7x365 due to their business requirement. For this they take specific approvals to be open on all days but that does not mean the employee is exploited due to this. Every employee who works on a national holiday gets double the ordinary rate of wages and in some areas if the applicable law permits a compensatory off too. Like in Bombay Shops and establishment act Section 35 (4) reproduced below:

[35 (4) Notwithstanding anything contained in this section, every employee, irrespective of his period of employment, shall be entitled to additional holiday on the 26th January, 25[1st May, 15th August and 2nd October every year. For holiday on these days, he shall be paid wages at a rate equivalent to the daily average of his wages (excluding overtime), which he earns during the month in which such compulsory holidays falls:

Provided that the employer may require any employee to work in the establishment on all or any of these days, subject to the conditions that for such work the employee shall be paid double the amount of the daily average wages and also leave on any other day in lieu of the compulsory holiday.]


Employers do give customary offs on the local festivals other than the leaves available and the national holidays. hope this clarifies the situation. if you still have questions/doubts feel free to revert.
There is no central labor Act governing on national or festival holidays.Kerala has one,but it is not applicable to central establishment.check for such Act in ur state .If not follow govt orders or policy of Company.
varghese mathew BIL,PGDPM
09961266966
Every business/company/organization is categorized based on the nature of its work. If the business falls under” essential business” then the company can work even on national holidays. To get into the “Essential business” list special approvals have to be taken from government. In cities most of the global organization/MNC/BPO business fall into this list.
Regards,
Vandana
If you are in Mumbai and your organisation is covered under Shop & Establishment Act, then this rule is applicable, as mentioned by Kamal Nath Tyagi.
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