Saswatabanerjee
Partner - Risk Management
Boss2966
Industrial Relations
SPKR
Consultant In Education, Real Estate, Home
+2 Others

If an employee works on national festival holiday and also he has done over time on the same day. what is the legal complication with regard to State Act ?
2nd October 2013 From India, New Delhi
Dear Yuvaraj
The employee must be paid with normal wages on the National / Festival Holiday and the workman is eligible to get the Double OT for the number of hours he worked on that day. Otherwise the employee can be paid for the National Holiday and as he is worked on Holiday he can be given Compensatory off for 1 day on next 3 working days.
2nd October 2013 From India, Kumbakonam
You see, to have posted the same query twice .....
Why should there be a legal complication ? Is working on that day prohibited ?
You need to pay the person for that day even if he is not working
If he is working, he is eligible for overtime for the hours worked. He has worked for more than 8 hours on that day, so he will get paid overtime wages for the entire working period as boss2966 says.
However, I don't think he needs to be given a compensatory off unless that was a weekly holiday for him.
He has to be paid overtime irrespective of compensatory off anyway.
3rd October 2013 From India, Mumbai
Mr. Yuvaraj, Pl go through the copies of the letter and Act in PDF attached to this comment, where in the rules and procedure prevailing in Karnataka is mentioned. This may help you. SPKR
3rd October 2013 From India, Bangalore

Attached Files
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File Type: docx Copy Private establsihments Regarding applicable leave for national holidays.docx (14.7 KB, 2039 views)
File Type: pdf Industrial establishment act 1963 Karnataka.pdf (192.8 KB, 382 views)

Karnataka State Acts are applicable to Karnataka only.Follow Panjab Industrial Establishment National & Festival Holidays etc Act.1965, Varghese Mathew
4th October 2013 From India, Thiruvananthapuram
Hello,

Firstly there are no legal complications as such one must understand. Thereafter every state has got a act which are available on the e-governance website on what are the exception and what every organisation should follow. Ideally a national holiday means that the company shall remain closed and regular functions would not be available, but essential services might remain available due to the work scenario of the organisation.

Further if an employee is coming to work on any holiday he is entitled for an additional pay for the day or he may be given a compensatory off as per the organisation policies. If OT applicable than a double OT is generally applicable or again this depends on the organisation policies which should be liberal and not dictating.

Employees are the most important asset for any organisation. Also each employee is liable too to complete the task which is assigned by organisation. Based on organisation requirement manager can always prepare a work chart based on the job requirement how he wants to utilise the subordinate and call them for work on holidays, but again staying in the limit o the organisation and not misusing the power.
4th October 2013 From India, Mumbai
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