a.It is not compulsory to
work on National/Festival
holidays. These holiday
are paid holidays.
b.It is also not correct
if the employee does not
want to work on N/F
holidays he has
PL for that day.
In this connections it is added that for the purpose of ensuring continuity of work in an establishement the employer in agreement with the representatives of the employees therein chosen in the prescribed manner , may formulate a scheme in writing whereby the leave allowable may be regulated but the wages/salary be paid at the overtime rate or as may be prescribed.
For more please contact with the Rules of the stat.
13th December 2012 From India, Udaipur
If the permission is granted , then the employees need to work on the National Holiday day but any employee not working on that day , employer has no right to deduct PL form the Employees... ....
Employer is responsible to pay 4 times the payment for working on National Holiday day ( as on the general working day will pay as Over time OT double and it's National Hoilday so again Double . So 4 time the day pay should be paid)
But Most probably Inspector of Factory will not grant permission to any Industry to run any National Holiday Day ................................
You can appear to the your local Inspector of Factories office and report about the issue and the rest will be taken care...
13th December 2012 From United Kingdom, London
If the employee is instructed to work on Holiday, then obviously he will be given with Compensatory Off. If not he will be paid with double the Wages for the period he worked. If the company got exemption to declare the holiday and opted to work on all 365 days in a year, then the company has to maintain the weekly compensatory off register, in which the company has to mention the names of those worked in holidays and the rest given dates (Preferably it must be given within next 3 working days).
If the employee refuses to work on holiday, then he will not be paid with double the wages for that day, but his PL will not be deducted.
13th December 2012 From India, Kumbakonam
Thank you, could you please advise if there is a requirment under shops and establishment act for the company to take prior permission to keep a establishment open on National Holidays.
I have read the AP Shop and establishment & the holiday act it act dose not state that the employee canot be forced to work on a PH, it gives the compensation and the application process etc
I'm not able to get and legal document that states that an employee can not be forded to work on a PH.
Would appreciate if you could guide me with this issuse.
13th December 2012 From Singapore, Singapore