Umakanthan53
Labour Law & Hr Consultant
KK!HR
Management Consultancy
Suresh2511
Labour Consultant
JMPL
General Manger

Thread Started by #JMPL

Dear Team,
I have some clarification about Holiday rules and regulations.
In our industries , declared Weekly off is sunday but some of the people worked in sunday and then they will take their weekly off on another week days.
Suppose our Holidays ( NH / festival ) landed on sunday , what is the procedure for Holiday given to both sunday off taking employees and also week day off taking employees.
Generally that NH or Hoilday was lapsed. How can we have to give holiday.... please give a guidance to us.
Thanks and Regards,
S.Chandrasekar
General Manger
22nd January 2018 From India, Tiruchi
Mr.Chandrasekar,
Suppose a festival holiday or national holiday falls on a Sunday which is a weekly holiday for the entire establishment, we will treat it as a rare occasion of simultaneous enjoyment of the two holidays on a single day - that's all because it is a sheer chronological coincidence. If the establishment happens to be a continuous - running entity like a continuous process factory, public transport service of passengers or goods, hospital, hotel and the like or the job of the employees like that of watch and ward on rotational basis, weekly off to the employees would be inevitably on rotation basis only as you narrated. If there is coincidence of the national/festival holiday and the weekly off, you can allow the employee to avail both simultaneously or ask him to work on double wages or for an alternative holiday before or after the day as per the provisions of your standing orders or any Law applicable to your establishment in this regard. No question of lapse of a holiday or demand for compensatory off/wages can be raised.
22nd January 2018 From India, Salem
Suppose your establishment is giving say 10 days fixed paid holidays in a calendar year of which 2 days are falling on Sundays. These 2 days you can utilise/compensate for other National or Festival holidays falling on week days.
Regards,
Suresh
22nd January 2018 From India, Thane
Dear Mr.Chandrasekar,
The leave rule framed by the industry within the periphery of laws and rules of land. The management calculate meticuloulsy to satisfy the employee engaged in the industry. The industries in contineous process follow optional facility of leave. Under this circumstances employees have option to avail the leave as and when they want besides their earned leave.
It is already Mr. Umakanthan has given his vaued views. The NH & FH are the nature of cerimonial and dedicated to the day as they appear. It is obvious NH & FH falls on sunday goes lapse. The rule framed under the standing order for the leave supersedes and binding on all employee.
23rd January 2018 From India, Mumbai
In case of festival holidays falling on the weekly off day, you have the option of avoiding such weekly off days from the list of holidays being decided for the year. A little bit of planning will help. As regards the essential services staff or the 24X7 working factories, those who work on that day have to be compensated as per law (Kerala, for instance has THE KERALA INDUSTRIAL ESTABLISHMENTS (NATIONAL AND FESTIVAL HOLIDAYS) ACT; 1958),or the Standing Orders provision applicable. If both are absent, then you may provide an extra compensatory holiday of the choice of the workman. As regards National Holidays falling on the weekly off there is no requirement for any additional holiday for those availing the weekly off. But for those working again the same principle as applicable to the festival holiday working would apply.
23rd January 2018 From India, Mumbai
Thank you sirs, for your very good explanation to my query..
Thanks,
S.Chandrasekar
24th January 2018 From India, Tiruchi
Suppose a festival holiday or national holiday falls on a Weekly off than as per NH /PH act what employee will get
30th March 2018 From India, Lanjigarh
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