Prashant B IngawaleDear All Seniors,
Is there any Rule / Section Act that prescribes that on particular day Factories in Maharashtra Should be Closed i.e. 26th january, 15th August, 01st May or 02nd October?
Thanks in advance.
From India, Pune
PROFESSIONALS AND BUSINESSES PARTICIPATING IN DISCUSSION
Ram K Navaratna
Mindhour Partner, Ass.professor/adm. Officer,
Prashant B Ingawale
gopinath varahamurthiirrespective of a factory placed within the indian territory ... these are compulsory holidays and cover within the ambit of Labour Law and the ACT is related to :
THE ACTS RELATING TO NATIONAL AND FESTIVAL HOLIDAYS & CASUAL AND SICK LEAVES
No Central labour law relating to private industry regarding these holidays is enacted. As it is a State matter. All State Governments have enacted laws regarding these holidays.
Generally all State Legislations has common provision for major matters. They provide at least seven holidays for national and other festivals. Republic day, Independence day and Mahatma Gandhi’s birthday are compulsory holidays. Employer and Employees had given right to decide remaining national and festival holidays.
Similarly minimum seven days casual leave and 14 days sick leave is provided to employees.
These leaves are paid means the employees get the wages of these leaves as they had actually worked for that day.
An employee becomes entitled for these leaves after working for a specified period.
The employee who works in establishment on national/other festival holidays is entitled to get double wages for that day.
there is no question of arguing in this issues...also, in case emergency announced the factories should adhere to the enacted laws irrespective of the State they are established, further, in case of elections the factories should endorse leave to the employee for voting in their respective constituencies and the employer should respect the voting right of the employee.. that will be announced time to time by the respective authorities....
From India, Arcot
kishorkulkarniThere is no provision in the Factories Act by which a national holiday is compulsorily required to be observed. So, one can keep working his factory on the national holidays such as Independence Day, Republic Day or Maharashtra Day etc.
Moreover, there is no any such act in Maharashtra which makes compulsory for an employer to declare a holiday on national holidays to its factory. However, for shops and establishments in Maharashtra, there is such a provision and because of which 26th January, 1st May, 15th August and 2nd October are observed to be paid holidays.
However, in other states such as Tamil Nadu, there is statute called "Compulsory Observation of national holidays" and because of which, the national holidays are required to be observed.
From India, Kolhapur
Lalit ThakkarTo my knowledge and practice hitherto, The Factories Act 1948 amended from time to time does not prescribe any paid holiday as mandate. For that matter, the act does not provide for any paid holiday in the first place. However, by way of agreements between managements and workers' unions, paid holiday form a part of the holidays. Here again, observance of National or Religious holidays are not mandatory to be included in the accepted number of days of paid holidays as per the agreements. The holidays may be selectively defined between the parties in the agreements.
Yes, The Negotiable Instruments Act applicable to commercial establishments e.g. banks defines National Holidays as paid holidays as mandatory.
From India, Surat
skjohri1The Factories Act (as revised from time to time) does not stipulate for closed holidays in a factory. However, National Holidays are covered under the National Holidays Act. Those required to work on these days are required to pay wages as on over time. As regards other holidays the same are covered by the agreement between the employer and the employee. These holidays are with wages and covered under the Negotiable Instruments Act.
From India, Delhi
Ram K NavaratnaHi
In Karnataka there is an act called Karnataka Industrial Establishment (National and Festival)holidays Act with karnataka rules
Under the same 5 National holidays as stated above and five festivals holidays of majority choice is mandatory.
Ram K Navaratna
From India, Bangalore
kishorkulkarniFor information of all, The Karnataka Industrial Establishment (National and Festival) Holidays Act, 1963, is uploaded..
From India, Kolhapur
KRISHNAPPA KDear sir/ Madam We having confusion on NFH eligibility I have taken leave from Jan 21st of 2018 to 27th of Jan 2018 , Whether i have eligible or not for NFH ? REGARDS krishna
From India, Bengaluru