Labour Law & Hr Consultant
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Hai Friends.,
i have a major clarification in N & F holiday act, my question is. a employee is absent in entire month like august,for that particular person leave salary is eligible or not. Please clarify.

Any day of leave like a weekly off/weekly holiday or a national/festival holiday falling in between a period of absence will automaticaly merge with the period of absence. As such, not only the salary for the intervening days of holiday/ leave, but also such days would not be taken into a/c for continuity of service in respect of the particular person
Hi Karthik,
firstly please refer your company leave policy if you have. if you don't have such policies and all means if any of the employee absence for the duty intervening weekly off/NFH to be considered as leave only.

If an employee remain absent for the whole period of month, you need not pay wages for national festival day for him/her. Also minimum 90 days eligibility is stipulated in the act for a new joiner to earn wages national festival day.
In your case, if that employee is not attended duty on that month, that is remain unauthorized absence, you need not pay. There may be different arguments that, we have to pay, but practically speaking, very people pay that way and my advise is not to pay for that absentee. But mean while check whether he/she avail leave from ESIC.

In any employee absent for duty in entire month in that month during his absence period, any National or Festival holiday falls, he is not eligible for wages for such holiday why because, he has not worked for entire month.
As a conclusion, you need not pay.

For a national or festival holiday falling in between absenteeism by an employee need not be paid. But a national holiday falls in between paid leave of an employee means to be paid. For the purpose of payment for the national holiday 90 days worked before the NH is not the criteria. It is only for Festival Holiday.
For NH, either prefix day or suffix day worked or in the rolls on the day of NH without absenteeism for a long period has to be taken into account.

Any holiday whether festival or national or weekly off coming in between the leave/absenteeism is treated as leave/absent so no extra salary required to be paid. Last but not the least the salary would not be applicable since the employee was physically not present on the day of the National/Festival Holiday.
If an employee's name is borne on the Rolls of the establishment he is eligible for payment of wages on the NATIONAL HOLIDAY --as far as T N is concerned they are four 26th Jan; 1st May; 15th Aug and 2nd October.
In respect of Festival Holiday he will be eligible from the 60th day Please quote the section which says that WAGES for National Holiday is not payable if he is ABSENT for the entire month????
K S Pasupathi

Dear Pasupathi If it is written in TN clauses then please go ahead and pay
Dear Mr.Pasupathi., Please tell me which T N Act OR Rules has explained this, if you have PDF file kindly send me the following mail I’d. G.Karthikeyan Coimbatore Tamilnadu.

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