Holiday On 2nd Oct - CiteHR
Umakanthan53
Labour Law & Hr Consultant
Rdsyadav
Educator, Management Consultant & Trainer
Korgaonkar K A
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Hello Everyone,
I am working as HR executive in an IT organization. I have read somewhere that 2nd Oct national holiday has been cancelled. So I just want to ask whether it is true or false? And is it necessary to give holiday on 2nd Oct??
Kindly revert ASAP..
Thanks
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Dear Namrata,
What is your source of information that the National Holiday on October 2 stands cancelled? Normally, you have got three options - (1) Allowing holiday of full day or (2) Asking the employees to work for double wages or (3) work in lieu of alternative leave on any one day within the preceding or succeeding 3 days.
Dear Namrata,
Last year the PM (Mr. Modi) cancelled 02nd Oct Holiday agst "Swatch Bharat Campaign". Even that time also it was made compulsory for Govt. offices.
The private sector (almost) had Holiday. This year till date there is no such declaration. If you have any notification, pls share the same to fellow members.
There are three days notified as National Holidays under National Holidays Act which are to be treated as Paid Holidays across country by all factories, govt and non govt offices including all commercial establishments. Besides all such organizations are required to choose four festival Holidays based on customs, trends and followers in the same areas they work .State Govt. is appropriate govt to notify Festival Holidays, that is why Ambedkar Jayanti, 1st May as May day, Diwali, Holi, Idd, Janmashtami, are days picked by industrial establishments out of so many other suggested festivals that gets notified by State Govt every year.National Holidays declared as on date are 15th Aug., 2nd Oct, 26th Jan. There is no amendment passed by Parliament and there is no such bill moved before Loksabha, as per my understanding.Anyone if has some details, please share about the matter.
Regds,
RDS Yadav
Labour Law Adviser
Director-Future Instt of Engg and Management Technology
3 national holidays are statutory. As already mentioned above with certain arrangements it is put on work, but otherwise no change. PM Mod'is program is not cancelling the holiday, but availing the services voluntarily. There are hundreds and hundreds of issues faced by the public, and let us not create new one on our own.
Dear Namrata.Raut,

You have not stated your appropriate Government i.e. which State Government you are falling under. You have only stated that you are from IT organization. You have also not stated whether your organization is a commercial establishment under S&E Act or a factory under FA.

In FA / Rules, there is no provision of compulsory national / festival holidays.

In S&E Act of almost every State, there is a provision of paid holiday on the 26th January, (1st May- in Maharashtra), 15th August and 2nd October every year.

Some States have a law on national / festival holidays in which provision is made in respect of compulsory holidays on 26th January, 15th August and 2nd October. Maharashtra, there is no such law.

Central Rules and some of the States rules under IE(SO) Act, there is a provision of festival holidays stating that paid holidays on 26th January, 15th August and 2nd October are compulsory.

In private sector, provisions of Negotiable Instrument Act do not apply to factories and other industrial establishment. This Act has a provision of holiday on 2nd October.

Please be noted that, wherever there is a provision of declaring holidays on 26th January, (1st May- in Maharashtra), 15th August and 2nd October as stated above, there is also a provision of paying double the rate of normal wages to the employee if he is requires to work on such holidays. In Maharashtra, under S&E Act, you need to grant leave on any other day in lieu of the compulsory holiday in addition to wages at double the rate.

I remember reading somewhere the provision of wages at thrice the rate or wages at twice the rate plus substitute holiday when workman works on such paid holiday (apart from agreements).

This is what I recollect on this topic. One can contribute his views contrary to it with specific provisions.
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