Saswatabanerjee
Partner - Risk Management
Maheshmeshi
Hr Executive

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Sir,
Please Advise, if a worker is absent from date 30 Sept to 04-oct , Same he is absent from 17-oct to 22 oct, whether he is eligible to get 2nd Oct national Holiday and 19-oct Diwali festival.
Please suggest
Thanx and regards
Mahesh

From India, Bhogpur
Dear MAHESHMESHI,
You need to go per the factories Act and rules. In AP/Telangana rules it is stated that in a given ninety day period if employee is present for thirty days he is eligible for National holidays and Festival holidays sanctined by the Factory.
Please check your area rules and implement.

From India, Hyderabad
Most companies follow sandwich rule, which means no holiday payment is due for holiday in the middle of leave or lwp. You need to check the local factories rules (or shop and establishment act) and the standing orders that apply. If nothing is stated, you can just follow the standard practice and deny the payment for those 2 days.
From India, Mumbai
Dear Mahesh Meshi,
I agree to certain extent over the opinion offered by Mr. VVKP. You need to check with your leave rule or the standing order in absence go with prevailing rules of the state where your establishment is existing.
In general there is no such explanation which is commonly applied accross the country. Each establishment have their own set of rules.
Further, can anybody tell me why to count NH, FH & Weekly Off day along with the leave. If one can be LOP in absence of earned leave. How rudely we dishonoured one's facility sanctioned by the statute. In original statute there is no such explanation for which this discussion has come up.
Regards

From India, Mumbai
You are right Mr.Prabhat Ranjan Mohanty. The Holidays are provided by statutes and when there is no earned leave we are making LOP and these holidays have to be provided.
The Sandwich rule suggested should be dispensed with in such cases.The sandwich rule certainly can be applied to casual leave and privilege leave.

From India, Hyderabad
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