prateek-mishra1
If an employee whose weekly off is not on Sunday and he joins duty on the coming Sunday, 15th August 2021, will he be entitled for the compensatory off ?
From India, Lucknow
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PL Kanthan
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KK!HR
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KK!HR
1342

August 15th is a National Holiday in which all establishments are required to be closed except for essential services. If your establishment is not involved in essential services, you cannot call any employee to join duty on such national holiday. However, if there is no escape and the employee has to join on 15th August then the provisions of National & Festival Holidays Act as is applicable to you would apply, normally it is double wages and compensatory holiday, follow the legal provision after checking it.
From India, Mumbai
PL Kanthan
20

For National Holiday benefits, if a person was an employee of any organisation, he/she is entitled for paid holiday on 15th August (in the referred case) or double wages if on duty, Provided, this person should have been on Duty of this establishment Prior & After any National Holiday i.e. 14th August and 16th August. for instance.

If the employee was not on duty on either of these dates, he/she is not entitled for paid holiday.

Since, in the referred case, the person was Not on Duty or absent on 14th August, the person is not entitled for national holiday benefits.

May correct me if I am wrong.

Regards

From India, Thane

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