Few employees worked on NFH day (Aug-15) so our team provided 1 C/off for who has worked on 15th of Aug but now auditor saying if employees have worked on any NFH day should be provide 2 c/off . Should we provide 2 c/off or not kindly clarify sir
8th September 2018 From India, Bengaluru
Dear Madam,
Please refer to the Karnataka Shops and Eastt Act/Rules. Generally it is provided that if the employee is required to work on the four National holidays - 26 the Jan, 1stMay, 15th Aug and 2nd Oct. then the employee has to be paid twice his salary and one compensatory off.
Regards,
Vinayak Nagarkar
HR- Consultant
8th September 2018 From India, Mumbai
Sorry to differ from the view of the poster's auditor and that of Mr.Vinayak.
For the sake of ready reference let me present below an extract of sec.5 of the Karnataka Industrial Establishments ( National and Festival Holidays ) Act,1963:
"5.Wages.-(1) Notwithstanding any contract to the contrary, every employee shall be paid wages for each of
the holiday allowed to him under section 3 or 3-A.
(2) Where an employee works on any holiday allowed under section 3 or 3-A,he shall, at his
option, be entitled to-
(a) twice the wages;or
(b) wages for such day and to avail himself of a substituted holiday with wages on any other day."
If we carefully analyse the provisions of the above section, we can deduce the following:
(1) The holidays mentioned are paid holidays.
(2) The employee may work on any of such holidays
(3) In such a situation, he can have anyone of the two options namely for (a) twice the wages or wages for that day coupled with a substituted holiday with wages on any other day. In other words, he can exercise the option of getting additional wages for that day along with his normal wages or avail a substituted holiday with wages on any other day.
In effect, (1)IF HE AVAILS THE HOLIDAY, he will get his normal wages OR
(2)IF HE WORKS ON SUCH A HOLIDAY, he will get his normal wages plus the
additional wages OR
(3) he will get his normal wages plus a paid holiday on any other day
Therefore, no question of paying twice the wages when a compensatory holiday is to be availed of by the employee.
8th September 2018 From India, Salem
Dear Vasant,
I'm completely in favour to your auditors as the payment for employees to work on any national off should be triple the regular wages. In case you are following the practice of giving comp off and double payment for the day then you need to ensure that the all employees utilised there entitled comp off to meet the requirement. Secondly if any employee is leaving the organisation without availing his/her entitled comp off then you need to pay him/her salary for that period (day) as well.
11th September 2018
Hi Vasant,
Please note that, each state has different rules for National & Festival Holidays. for Karnataka kindly refer Mr.Umakanthan Sir post. 1 compensatory off or double the wages for that worked day.
Feel free to call or revert for any assistance.
.
14th September 2018 From India, Bangalore
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