Saswatabanerjee
Partner - Risk Management
Nathrao
Insolvency N Gst Professional
Emmanuelle_ca
Hr Assistant
+2 Others

Cite.Co is a repository of information and resources created by industry seniors and experts sharing their real world insights. Join Network
Hello,
I would like to know if a Chartered Accountant firm is allowed to ask to his employees to come to work on 1st of May which is Maharashtra day. Knowing that the company is based in Maharashtra.
Thank you for your reply.

If an employee is required to work on any of these holidays(January 26th, May 1st, August 15th, and October 2nd, he will be eligible for a compensatory holiday in addition to double the payment for the holiday on which he has worked.
The afore said is the legal position.

Yes, you have to give that employee compensatory holiday as well as double pay for that day.
Please clarify This is the legal position under which act and which sections
I had picked this information from nitekrawler.wordpress.com
https://nitekrawler.wordpress.com/20...ment-act-1948/
Bare Reading of sections of Bombay Shops and Estabsihment act relevant to working hours does not mention any thing about double payment.
CA firms are not a shop under Bombay shops and establishment act as per judgement in case filed by AF Fergusson and six others ,leading CA firm .

Ok, you are right
the provision is actually in Sec 35 (4) and specifically in the provisio.
but like you said, CA are not covered under the act.
(4) Notwithstanding anything contained in this section, every employee, irrespective of his period of employment, shall be entitled to additional holiday on the 26th January, [1st May, 15th August and 2nd October every year. For holiday on these days, he shall be paid wages at a rate equivalent to the daily
average of his wages (excluding overtime), which he earns during the month in which such compulsory holiday falls.
Provided that the employer may require any employee to work in the establishment on all or any of these days, subject to the conditions that for such work the employee shall be paid double the amount of the daily average wages and also leave on any other day in lieu of the compulsory holiday.]

Hello,
May 1st is primarily Maharashtra Day for entire Maharashtra. It is also International Labour Day. On both the counts, it is a statutory holiday.
Statutorily, it is an International Holiday. You cannot officially work on that day. Labour Dept has a check on defaulters.
Good Luck.

SBPanicker, Sec35(4) clear permits such an act,so labour inspector can do nothing about it. Secondly in this case CAs are not covered under the provisions of Bombay Shops and Establishment Act.
International holidays have nothing to do with it.
There is no restrictions on working on international holidays.
Please check with the law before posting.
Labour day is not a holiday in india. Only in Maharashtra, it is among the 4 compulsory holiday. But that does not stop anyone from asking employees to work. Just they need to pay double rate wages as specified under the law.
Please note that factories do not have to remain closed on May 1 nor pay double rate except if it is listed by them in the return of holidays submitted to the factory inspector

it’s depend on you and your staff relationship. otherwise on anybody can pressure for work on holiday and the labour act secure to employee rights.
This discussion thread is closed. If you want to continue this discussion or have a follow up question, please post it on the network.
Add the url of this thread if you want to cite this discussion.






About Us Advertise Contact Us
Privacy Policy Disclaimer Terms Of Service



All rights reserved @ 2020 Cite.Co™