Industrial Relations And Labour Laws
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In 2014, 26th January will be Sunday. Please suggest that are workmen eligible to get a paid holiday instead of Sunday as Sunday is declared as Weekly Off in my industrial establishment (manufacturing unit).
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Normally holidays are declared by the appropriate authorities, say Inspectors, Officers etc of the Labour department, under the State Industrial Establishments (National and Festival) Holidays Act, in consultation with employees and the employer. The national holidays are mandatory holidays which will not change even if both the employees and the employer decide not to observe them as holidays. Therefore, the question of granting another holiday in lieu of one holiday lost due to weekly off day does not arise in the case of national holidays, whereas the festival holidays being decided by the employees and the employer shall be substituted by another festival holiday if one holiday falls on a weekly off day.
If sunday is also included in your salary calculation, it well and good you need to bother about it. But If your calculation is based on 26, then you have pay one day wage in excess for 26th Jan which is a national holiday. If you refer the wages clause in NFH act, it says notwithstanding any contract to the contrary, every employee shall be paid wages for each of the hoilday allowed to him/her under section 3 (sec 3 is national hoildays). So all national holidays are paid holiday and exemptions cannot be taken as it falls on unpaid weekly off.
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