National Festival - CiteHR
Bijay_majumdar
Freelancer In Hr &indirect Taxes For
Manish Shrimali
Regional Admin, Jharkhand In Mnc (life Insurance
9871103011
Private Consultant On Labour Laws
Kris_leela
Sr. Manager - Hr
+3 Others

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All Respected HR Sir
Please clear my one doubt that if the National Festival Like 26 Jan, 15 Aug ,2nd Oct Falls in Weekly Off (Sunday) Than what .
My Question is ......(1) Is the National Festival is treated as Weekly Off.?
(2) Is the National Festival is treated as National Festival Holiday?.
(3) Is that National Festival is treated as holiday in next day?
(4) Is the weekly off will be lapse in this case
Please guide me
Regards
Nobal

Dear Nobal,
Greetings!!
In any establishment holidays will be declared as per the state and act. These holidays include National & Festivals as per the region.
For Eg: As per shop & establishement act Andhra Pradesh, establishments has to declare 10 holidays per annum (includes Festivals & National Holidays).
If National Holidays falls in Weekly off then the company will compensate the same by adding another festival or regional holiday.
Hope this information clears your query.
Regards,
Leela Krishna

Hi, As hr perspective, anything that benefits employees and with in the statute should be considered with appropriate approval from management. Thanks Bijay
My views and little experience says something different........allowing festival holidays are the company policy matter. It depends from company to company. There is no hard and fast rules to give festival holidays..But in practice, companies decalre atleast 7 festival holidays in a year though it is not necessary. One point to be mentioned in this regard.......Festival holiday and notional holiday is different....Company can give or can not give festival holidays....But when it comes to National Holiday .....company is bound to give this holidays....In our country there are only 3 National holidays ( 26th Jan , 15th August and 2nd Oct ) . Opening office on those three days are a punishable offence in the eye of law..Company can open their office even after declaring festival holidays also..But generally company gives atleast 7 festival holidays ......It's our luck if those holidays falls on Sunday.....and there is no rules to allow next day as a holiday......So be happy and please come to the office on 27th January Friends as we are not lucky this time..

Regards

Kamal Datta

Please read national and not notonal holidays.... sorry for the spelling mistake
Dear Mr. Nobal, If any National Festival falls on Weekly Off day, it will be treated as National Festival Holiday and the weekly off will be lapse. Regards, Prabhat
Dear Nobal,

Under the Constitution of India, Labour is a subject in the Concurrent List where both the Central & State Governments are competent to enact labour legislation subject to certain matters being reserved for the Centre. There is no central law on providing national & festival holidays to the workers. All the states have enacted their own regulations governing National & Festival holidays.

Your doubt is if the National Festival Like 26 Jan, 15 Aug ,2nd Oct falls on Weekly Off (Sunday), what will happen ? Before replying, let me correct you that National Holidays & National Festivals are two different things.One should not confused with one another. Whereas the 26th January, 15th August & 2nd October are National Holidays and the different states have drawn their own list of festivals.Of course Diwali, Holi, Dushera, Ram Naumi, Eid, Mohram, Christmas day,Good Friday, Janam Astnmi etc could be termed as National festivals as they are commonly celebrated throughout the country. The no. of festival remain the same, the union or the govt authorities have a choice to replace the festivals,which falls on Sunday or weekly offs.

If any of the National holidays like 26 Jan,15 Aug, 2nd Oct falls on Weekly Off or on Sunday, then there is no substitute holidays or replacement of that holidays or compensation thereof and there is no provisions to grant holiday on the next working day, but if a worker is asked to work on any of the three national holidays i.e. on 26th January, 15th August and 2nd October, in that case, a worker shall be entitled to receive twice the average daily wage for that day and a compensatory holiday thereof.

BS Kalsi

Member since Aug 2011

.

The issue of national holidays and the weekly off depends on the relevant statute on Shops and commercial establishment and national and festival holidays Acts of the concerned states.If the establishment is a factory the Factories Act do not provide wages on weekly holidays.But weekly holidays is mandatory.Then check whether the Shops Act provides weekly off with wage subject to any minimum working days.
In any case weekly holiday with or without wages is mandatory .There fore if the national holiday falls on a weekly holiday a substituted holiday/off should be given.
Varghese Mathew
09961266966

Dear Varghese,
This refers to you last para of the mail where you have mentioned that "if the national holiday falls on a weekly holiday a substituted holiday/off should be given". I would be happy to be educated on this aspect. Please provide the relevent provisions in this regard.
Regards,
Bs Kalsi
Member since aug 2011

There is no provision to give substitute holiday / weekly off day against that festival holiday falls on sunday of weekly off day as per law ......atleast I never got this privilage in my 20 years professional career as a Men of person......Sorry Mr Varghese.......If your company gives this types of privilage then I would be very happy to join in your company.........

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