Umakanthan53
Labour Law & Hr Consultant
KK!HR
Management Consultancy
Korgaonkar K A
Ba,llb,mpm,dir&pm,dll&lw,d.cyber
Sachinphulari
Asst Manager - Hr

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Dear Sirs/Veterans,
Have practical question on N & F holidays.
Question - If an employee [permanent worker or CL] is absent without permission on previous and post day of a national or festival holiday which falls in between, then will he be eligible to be paid for that national or paid holiday? Plz note absent without permission days won't be payable days for him irrespective of he has leave balance or not.
Currently most of the industries are following the practice that if above scenario occurs then that worker won't be paid wages for national or festival holiday, logic being why should he get benefit for that day if he was absent on previous and next day also of N & F day. I just want more clarity on whether this is correct practice and in future there won't be any negative legal implication because of it.
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As per the National and Festival Holidays act, any workmen who is on the rolls of the industries as on the date of national holidays is eligible for wages. For Festival Holidays, condition precedent is that the worker should have been on the rolls of the industry for 30 days prior to 90 days of Holiday. Your conditions is not maintainable before the Inspection / authorities under the Act.
Thank you Sir!
It means though worker was absent without permission previous and post day of national holiday, he needs to be paid wages. Have I understood it correctly Sir?
It means though worker was absent without permission previous and post day of national holiday, he needs to be paid wages. Have I understood it correctly Sir?
'Yes' Legally
Festival & National Holidays Act is a state Act and there is no mention of any such Act in the Maharashtra government site.
The Standing Orders provide for festival & national holidays, so pl check it and follow it. If the employee is absent on the preceding and succeeding day, then the employee is not entitled to wages for the intervening holiday too is widely accepted.
Babu Alexander ji,
I have not read the National and Festival Holidays Act.
Do you mean that an employee remain absent on without pay entire month and in that month there is a National or Festival Holiday, he is to be paid for this National or Festival Holiday?
This means the employee is entitled to get one day salary against his absent with out pay on all the days in a month.
Good leaning.
As far my opinion, it is a central direction. Please refer to the following expert:
Pay on Public Holidays
Workers are entitled to paid days-off during Festival (public and religious) holidays. These include memorial holidays and religious holidays.
There are many festival and religious holidays in India however only three of these are fully covered national public holidays. These are Republic Day (January 26), Independence Day (August 15) and Mahatama Gandhi's Birthday (October 2). ( National and Festival Holiday Act & The Q++Studio Diary and Calendar Publishing System)
Maharashtra Shops And Establishments (Regulation Of Employment And Conditions Of Service) Act, 2017
The Amendment Act now entitles every worker to casual leave of 8 days in a year. The workers can accumulate earned leave up to a maximum of 45 days. Also, every worker who has worked for a period of 240 days or more in a calendar year shall be allowed paid leave for a number of days calculated at the rate of one day for every twenty days of work performed during the previous year. A worker shall also be entitled to 8 paid festival holidays in a calendar year, namely, 26th January, 1st May, 15th August and 2nd October and four such other festival holidays as may be agreed to between the employer and the workers as per the nature of business, before the commencement of the year.
Maharashtra Shops and Establishment Act, 2017
Holidays and leave – The Act specifies that workers are eligible to eight casual leaves (CLs), and can accumulate 45 days of paid leave during a year. The establishment will declare eight days as paid festival holidays, including four national holidays. The other four festival holidays may be mutually agreed between the establishment and its workers.
Dear friends,
Any unauthorized absence would result in loss of wages based on the doctrine of no work- no wages. Therefore, simply put, the question raised by Sachin is this:
"When a regular workman or a casual labor remains absent from work unauthorizedly for two days before
and after a national/festival holiday respectively, will he be entitled to wages for that intervening national/festival
holiday?"
I would like to take out the case of the casual labor from the question for the obvious reason the C.L would be entitled to wages only for the days he actually works. The question of unauthorized absence in respect of a casual labor does not arise at all. If there is no work, the employer is not bound to provide him work just because he is present. Similarly, even if there is work, the C.L is not bound to report for duty if he so wishes.
As far as I know, there is no exclusive Central Legislation on National and Festival Holidays to industrial employees. Even the various State Laws in this regard do not require the closing down of the place of business of the industrial establishments covered by them on such holidays. Therefore the employer has the prerogative to require his employees to work on such holidays subject to the conditions laid down therein or declare holiday with wages. The employees have also the option to work on double wages or to avail alternative holiday either before or after three days within. Coming to the case of a regular workman, the continuous unauthorized absence would take away his entitlement to wages for an intervening holiday irrespective of its type. If at all any contrary view is possible, then the follow-up question raised by Mr.Korgaonkar should deserve a positive answer only. .
Dear Friends,
To my understanding, basically the queriest asked two questions.
First one is in title of the thread - whether to give extra benefit to a worker of National or Paid Holiday? I think, the queriest mean to say extra benefit on working on National or Paid Holiday.
Second one on intervening National or Paid Holiday.
I would like to give answers to the above questions in my way as under:
Answer to first question:
Working on National or Paid Holiday, employee is atleast entitled for wages for working and wages towards paid holiday or extra holiday, unless there is an agreementment between the employees & employer by which better benefits are granted.
MS&E Act 2017 has a provision to this effect in section 18(7) which says double the amount of avg. wage plus leave on other day to compensate the holiday.
Answer to second question:
If both suffix & prefix days to National or Paid Holiday are loss of pay then the National or Paid Holiday is to be treated as loss of pay.
If both suffix & prefix days to National or Paid Holiday are paid leave then the National or Paid Holiday is to be treated as paid leave.
Company can make it's own rule in this regards including if either suffix or prefix days to National or Paid Holiday is paid or un-paid then what?
Every aspect can not be included in any law & rules thereunder. HR fraternity should have logical thinking over every such subject matters which unfortunately not seen in new generation, in most of the time.
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