Dinesh Divekar
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Aks17
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Can we change Republic Holiday 26th January.
Regards,
Rajesh Kumar
5th January 2018 From India, Delhi
Dear Rajesh,
You cannot change Public Holiday for 26th January, the option that you have is you can call the minimal number of employees to work if necessary and pay them double salary for the day and comp off as well.
5th January 2018
We can't change the 4 national holidays.
5th January 2018 From India, undefined
Dear Rajesh Kumar,
Have you raised the query just because this forum provides facility of raising the queries? 26th January is celebrated as Republic Day. On this day, India became sovereign republic. This day was chosen to promulgate constitution of India because 26th January has special significance in the annals of history.
Why you wish to dump all this and want to change the Republic Day for the sake of your business? There is a limit to which personal requirements are placed above the nation's requirement!
Dinesh Divekar
5th January 2018 From India, Bangalore
The question is not properly phrased is what I believe. Either the query ought to be, if a company can ask its employees to work on a public /national holiday and/or replace the said holiday with some other holiday. Certainly you do not mean to change the Republic Day itself.
5th January 2018 From India, Hyderabad
3 National Holidays(26th January,15th Aug & 2nd October) and 1st May are compulsorily to be allowed as Paid holidays to employees besides minimum 4 Festival holidays(to be finalized with the representatives of the employees) under the Industrial Establishments(national & festival Holidays) Act of different states.Also Poling days to Loksabha & state legislative assembly are also to be allowed as compulsory paid holidays.
In case any employee are called for duty due to exigency on any paid holiday,he at his option may be allowed one substitute holiday with full wages on any other day within 6 months or be paid one day's extra wage in addition to wage for the said paid holiday.
Regards,
S.K.Hota
5th January 2018 From India, Calcutta
@ all Seniors on this forum, Request, as senior can't This type of query be dumped off? Don"t We know that the National holidays are granted to celebrate our nations proud moments on this dates.
@ Dinesh Divekarji,Thanks for your kind mention. I was about to Delete this Post itself.
6th January 2018 From India, Vadodara
Dear All
How many shops down shutter on national holidays to celebrate our nations proud moments on this dates? How may shops and Establishments follow rules for working on National holidays. Are they giving Form-V-A (Differ for different state/central establishment) signed to Labour dept. to work on National holidays and following all labour laws pl. The fact is, there are Loophole, find out and go ahead.
6th January 2018 From India, Chennai
Dear Chennaiin,
I hope that you can very well distinguish and understand the move of changing a holiday in its entirety and that of requiring the employees to work on such a holiday on business exigencies are different. I also think that every State National and Festival holidays Act recognizes the necessity of running certain industrial establishments like transports, communication, medical services, continuous process industries etc., even on such holidays in public interest as well as impossibility of shutting down of operations. That's why the options of availing of the holiday or working on double wages or for an alternative holiday within three days before or after the day are given to the employees themselves under the Acts. Therefore, we can not decry the act of working of such establishments on such holidays as per the procedure of Law as an unpatriotic gesture or the particular provision for exercising legal choice as a loophole. In my opinion the negative response is apt in the face of the wrong or misleading phraseology of the query despite the presence of lawful choices in the very Statute.
6th January 2018 From India, Salem
26th January it is a national holiday. it cannot be changed.
6th January 2018 From India, Delhi
Dear Dinesh,You can't change the restricted holidays
7th January 2018 From India, Kolkata
Dear Aks17,
Though you have given benefit of doubt to the originator of the query, his intention is well clear. He has has not asked whether employees can work on Republic Day.
For Chennaiin: - You have recommended Rajesh to find out loophole and go ahead. Please note that while writing in public forum, you cannot recommend how to be evasive. You must recommend elevated ideals or conduct. Secondly, comparison of business entities with that of road side shops is unfair. Laws are quite clear on who can work on Republic Day and what are the alternatives available on it.
For Amit: - Please note that "Rajesh" has raised the query and not "Dinesh"
Thanks,
Dinesh Divekar
7th January 2018 From India, Bangalore
Every business must seek to follow laws willingly.
Finding loopholes is the main cause for problems in India and then it causes related amendment to law.
You evade, GOI brings in amendment.
Laws relating to National holidays is clear.
If nature of work requires one to work on National holiday, provisions are clear regarding payment and off.
Simply resist tendency to evade, avoid or curtail privileges and provisions of law.
7th January 2018 From India, Pune
Dear Mr.Rajesh,
To your knowledge, you could ask this question because of the reason you live in a Republic Country and it is declared public holiday across the country in remembrance of the freedom fighters who struggled for us.Back to your question on these days all institutions, irrespective of under which law they are covered, or whether they are public or private organizations or MNCs should necessarily remain closed.
But if for some reasons, on these national holidays if the employers wish to keep their organization functional, they need to obtain prior permission from concerned authorities. Also, the workers who work in organization on these national holidays are entitled to receive double wages for the day.Thank You
8th January 2018 From India, Kochi
Dear Mr Jacob,
""it is declared public holiday across the country in remembrance of the freedom fighters who struggled for us""
Republic day is a Proud day(for all of us) to remember when India's constitution came into force on January 26, 1950, completing the country's transition toward becoming an independent republic.
This question has now many clear answers and need not be pursued further to my mind.
8th January 2018 From India, Pune
Dear all
Sorry,The related posting blown out of proportion i thing. My apprehension was, how many are abiding the law before opening the shops on Public holidays. The " exigencies " status cannot be given to all entities.
8th January 2018 From India, Chennai
Dear Rajesh,
You cannot change Public Holiday for 26th January, the option that you have is you can call the minimal number of employees to work if necessary and pay them double salary for the day and comp off as well.
13th January 2018 From India, undefined
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