National/festival, Holiday Eligible Employees - CiteHR
Gopinath Varahamurthi
Mindhour Partner, Ass.professor/adm. Officer,
Apex Management
Labour Laws Consultants
Adoni Suguresh
Sr.executive (per & Adm)
Ramesan.pt
Sr. Manager -hr
Ashishshow
Legal Advisor Compliance And Benefit
Rajesh2nitu@yahoo.co.in
Deputy General Manager - Hr & Admin
Venkatraghavanm
Ir, Er, Payroll, Recruitment,
+1 Other

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dear sir/madam
I have been working in textile industries as hr-assets. Now i have some doubt about that , my company 10 and more employees did not come to work whole month of august -2014. So should I give national/festival holiday benefits to those employee also.if any senior can give a conclusion to my doubt?
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Dear,
I think It is depends on your offer letter or contract letter which you given to your employees.
Generally if any body taking more than their eligible leaves, those days are loss of pay only.
But holidays will applicable for entire organisation.
Thanks& Regards,
Surya.
Even though an employee is in unauthorized absence for longer period during which period a natiional holidays falls, the employee can be paid wages for the said national holiday, as per our Tamil Nadu Industrial Establishment (National & Festival Holidays) Act, 1958. Therefore, you may please check with your state Acts and go by it.
Thanks & Regards,
My dear,
You wrote that more than 10 number of employees of your organisation absented for the whole month of August. In this case I will suggest you to please check the shops and commercial establishment act applicable and the provision contained in it to the situation and apply. 15th of August is one of the three National Holidays which is declared a paid holiday for every category of employees in the country and the same is to be provided to them.
Thanks and regards
S.K.Johri
Dear all,
I do not agree with the submissions of both Mr.Surya and Shridharan. Any gazetted Holiday or National festival which falls within a period of 15 days from either end of leave is always payable as paid holiday and can be deducted if the period is beyond 15 days.
P K Sharma
Dear Yudhmass, I am agree with Mr. P.K.Sharma, but further clarity you can refer (National & Festival Holidays) Act, 1958 of your respective state. Thanks
Dear...
You said your more than 10 employees are remained absent and did not come for work for whole month. Is it unauthorized absence ? Or absence without leave or authorized absence granting them to leave.. How a mass leave is being granted. If it is unauthorized and mass absence they are liable for disciplinary action. When the employee is remained absent for whole month of August how he can eligible to get the wages for National Holiday. and weekly day of rest.. Your query is not clear. Come out with genuine facts to give our opinion.
Adoni Suguresh
Sr.Executive (Pers, Admin & Ind.Rels) Rtd
Labour Laws Consultant
Dear
Generally, NFH wages is payable if he had worked for minimum 30 days in 3 months period prior to the NH.
However as per earlier Court Judgement, the worker should be in a position to be called for work on NFH day, i.e., if on strike even one day prior to the NFH, he is not eligible for NFH wages. 10 or more persons acting in concert were on mass absentism, it also amounts to such situation.
In your case, if you had already sent show cause notices to them for their absentism and still after that they had not turned up for work, the FH wages need not be paid.
M Venkatraghavan
dear,

Almost more than 10 people remain absent or taken leave for the month of August 14. Firstly, It is not clear whether they have applied for leave or otherwise, Second if the employees applied for leave have the head of the institution in the instant case the appropriate authority sanctioned the leave with prefix and suffix holidays, thirdly in case the leave has not been sanctioned and the employees joined at a later date what was the reason for the taken leave at their own interest and the appropriate authorities question? in case if you would like to sanction the leave without pay the reason contradict the genuine leave taken by the employee and employer may not have interest to consider the leave taken is appropriate. further, this is a case of regularisation with valid reasons..also, please do establish whether all the employees are relatives and taken leave with a particular or specific reasons for their family function or village function.. it is the case of consideration with leave rules and the question then only follows of doing... however, from your words it seems the authorities are genuinely interested to regularise the leave with salary it seems so as you have asked only about festival/govt holidays, thus in between there is no suffix or prefix and you have to regularise accordingly..
Dear Johri / Sharma / Adoni.
Does National Holiday applies to Factory registered under Factories Act.? Kindly share your views on the same, As I am puzzled there is NO Clarity in the Factories Act.
Warm Regards,
Azim

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