chetan83
6

Dear Madhu,
You have rightly mentioned that, in Maharashtra there is no legislation regulating holidays in factories.
Now, I am highlighting this issue to the central govt. authority to take this matter into consideration.
May be they can look into this.... and things may change....
regards,
Chetan.

From India, Kolkata
fc.vadodara@nidrahotels.com
733

Dear Mr. Syed
Who is making obligations against the Order of Govt. Of India, Yes all the 4 National Holidays are declared by the Govt. only, and I also appreciate the same thing, if you have read and understood the post then you would have not wrote the word "OBLIGATION TO GOVT". It is clearly mentioned that National Holidays should be declared as compulsory Holidays, but due to holiday sometime it is not possible for certain entity to close down their business hence employees who are willing to work on holidays can work with an extra pay but you cannot compel employee to work on National Holidays.
Lastly if I have hurt you in any means please forgive and forget

From India, Ahmadabad
korgaonkar k a
2556

Dear All,

I also endorse that Maharashtra Factory Rules does not say any thing about national holidays / compulsory holidays, but Bombay Shops and Establishment Act has a provision under chapter VII Sector 35(4) which runs as under:

"Notwithstanding anything contained in this section , every employee, irrespective of his period of employment, shall be entitled to additional holiday on the 26th January, 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."

In regards to Republic day, Independence day and Gandhi Jayanti as national holidays, I would like to draw your kind attention that there is no formal order to declare those holidays as national holidays. Interesting positing my me in this regard is given in the link below:

https://www.citehr.com/424944-national-holidays.html

From India, Mumbai
umakanthan53
6016

Dear all members,

I am not sure about the existence of a special n separate law covering National n Festival holidays in the State of Maharashtra. In states where such a law is in existence, it only regulates the grant of such special holidays to employees of industrial establishments subject to the provisions of the parent law applicable to the particular estt. In the absence of a special law, granting of leave on such holidays to employees should be observed as per the provisions of the parent Act applicable to the estt. For example, if the parent Act prescribes a compulsory weakly closure day for the estt.and it's employees simultaneously and by chance the national holiday falls on the same day, then all the employees should be allowed a holiday;otherwise, they may be asked to exercise the options of availing holiday or working for compensatory holiday or for double wages.

Khoc cho nho thuong voi trong long, khoc cho noi sau nhe nhu khong. Bao nhieu yeu thuong nhung ngay qua da tan theo khoi may bay that xa... <link no longer exists - removed>

From India, Salem
umakanthan53
6016

Greetings Mr.Korgaonkar,
Sorry I am a poor typist struggling with the use of my index finger only. As such I might have inadvertently pressed some wrong buttons on the keyboard. No quotes made by me in the above post;o.k?

From India, Salem
kumar_sanjay83
Seems, we have got conflicting voice here, where we can get the clear picture, whether we have to observe gandhi jayanti as public holidays or not?
From India, Mumbai
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