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pragallapati
8

Dear All Pl. find the Holidays list under Andhra Pradesh Factories & Establishments (National Festival) and Other Holidays) Act, 1974 for the year 2013. Regards
From India, Hyderabad
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File Type: jpg Holidays-Factories-RRZ-2013.jpg (676.4 KB, 132 views)

meenugreen
26

Dear Sir, This will count three day leave but 2nd October is a national holiday and paid leave also, so you will consider only two days leave which are 1st October and 3rd Oct, With regards, Meenu
From India, New Delhi
SAIBHAKTA
104

Dear Bakshi.
I work in a central govt. undertaking where our section works 24x7 for 365 days. If we are absent say on 1st OCT AND 3rd Oct then we should have it sanctioned in advance.if we take casual leave on 1st Oct then we can take compensatory off (if any lying to our credit from working on any previous holiday) on 3rdOct.If it is not done then all three days absence has to be regularised by only sick leave and employee is allowed to join only after getting a 'fit certificate' from company's doctor.Hence in your case if the employee has not taken pre-sanctioned leave either on 1st or 3rd then he has to apply for leave on 2nd also.
s.kumar...mba(hrm)

From India, New Delhi
Raj Kumar Hansdah
1426

Dear Suneeta
Weekly Off is not counted as "HOLIDAY." or "Leave". Neither it is applied for, nor any Leave records are kept for availing Off on this day.
In many companies esp. in IT and other sunrise sectors, Saturday is also an Off-day.
This would mean 104 days in a year !!! So, if you consider the weekend OFF days also as Holidays; then it would mean that more than 30% of days are PAID HOLIDAYS.
So, according to you, it is correct that the workers are really highly OVER-PAID !!!
One has to accept your contention; and some companies should defer their annual increments in the years to come.

From India, Delhi
saiconsult
1898

Raj kumar and Sunita have their valid argumnets and I respect it.

I want to examine the issue from the point of law and prudence.

When the law in a particular State grants national holiday with wages, the employer cannot treat absnce as unauthorised on that day even though the employee remained absent on the day subsequent to the national holiday.An interpretation favourable to this view is found in Sec.79 of the Factories Act which excludes holidays falling during leave from being part of leave.Even assuming that in the instant case, the employee is treaed to be unauthorisedly absent on the days prefixing and suffixing the holiday, the spirit of teh Factories Act seems agianst denying this benefit of national hoiday to the employee, going by the above provision.The employee may always say that he would have reported for duty on 2nd October,had it been a working day.

Secondly, if the employer intends to take a disciplinary action for being unauthorisedly absent for three days, the action may invite controversy as the employee will have a ground to contest such show casue notice as being patently wrongand and untenable.

So far s prudence is concerned, if there is a doubt as to the applicability of a particular law to a particular situation, it is better to err on the side of law to avoid an unpleasant situation.

B.Saikumar

HR & Labour Law advisor

Mumbai

From India, Mumbai
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