Psdhingra
Legal Analyst, Hrm
Pratheekshaa
Human Resource Professional
Ozmanblues
Graphic Designer

Dear Sir
My employer is making us work on independence day (15th August), he says if we don't come he will cut salary for sunday and monday (both days). Please advice on what to do.... secondly is it legal and moral to make people work on national holidays like independence day, republic day and labour day. Please advice
Thanks
13th August 2016 From India, Mumbai
#Anonymous
All the organisations need to remain closed on the three national holidays. But in case due to some reasons if the organisation needs to be functioning on these days, they need to take prior approval from concerned authority. And the employees those are functioning are entitled to get double wages for the day, and some of the states have placed the provision to claim for compensatory leave. The matter concerning to national holidays is subject of Central Legislations, though some states do have made provisions for compensatory leave to the workers who have worked on these national holidays or paying them double wages.You may kindly refer to the National and Festival Holidays Act. Each State has its own Acts in this regard. The enforcing authority will be the State / Central Labour Department within which your company falls.
13th August 2016 From India, Delhi
Apart from the above the employer cannot force you to work on national holiday, if they deduct the salary you can claim it legally.
13th August 2016 From India, Ahmadabad
Employer has right to open his firm on national holidays and employees will have to be given option either to choose double wages or compensatory holiday with wages. No authorities can force employer to close his firm.
14th August 2016 From India, Bangalore
Independence day is a national holiday. It is a paid holiday. Normally the organisations remain closed on that holiday. However certain essential goods & services providing or manufacturing organisations are kept open with due exempltion allowed by the Government from closing on national holidays. So, emloyees can be called to work on such a holiday, but is paid OTA at the prescribed rates or a compensatory off in lieu of the holiday for their attendance to work on holidays.
So, it depends upon the nature of job for which you have been called to work during national holiday, which you have not mentioned in your query.
14th August 2016 From India, Delhi
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