Dear All, My query is w.r. to the National Holiday 15.08.2021 which falls on Sunday.

Our weekly off is Sunday for all employees. our maintenance department who works on staggered weekly off has claimed that if they work on 15.08.2021 they need to be taken another day as compensatory. is that correct?

As per the Holidays list, we have declared 13 holidays including 15.08.2021 (Sunday). as Sunday is a weekly off all employees will claim only 12 days as holidays. if we give extra compensatory off to staggered to maintenance then it will be 13 for that team.

As we need to pay another extra day for all employees.. please explain and suggest what to do and how to proceed.
Can somebody guide me with a suitable reply?



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If an employee is required to work on national & festival holidays, then as per law the employee is entitled to the compensation thereof. The applicable statutory provision varies from state to state , so the respective state legislation has to be looked into. As your state is not mentioned it is not possible to throw more light on it. In case you are having any problem, it is better to consult the local Labour Officer who will guide you correctly.
From India, Mumbai
we are from telangana state....as it know that working on national holiday needs to be compensated....but, when it is on sunday and staggered off employees who has to work on sunday to be compensated if they work or not.

if so,

when you take holiday list it will be a one day difference for those employees and those who takes weekly off generally...

please explain.

Regards
Hanumanth


In respect of National Holidays falling on weekly off day, compensating another day as holiday is not required. Though the wordings may differ from state to state, what I have generally noticed is that the Act provides for "granting of holidays on 26th January, 1st May, August 15th and October 2nd and such other......number of days as festival holidays as decided....." As such festival holidays (in Karnataka it is 5 days where November 1st is also a mandatory/ national holiday, in Tamil nadu it is 5 and in Kerala it is 9) shall vary from year to year and you need to select such days as they come on week days but national holidays are fixed by days. If Pongal or Onam falls on a Sunday in any year, you can choose some other festival holiday for that year but you need not give an alternative holiday if any national holiday falls on a weekly holiday.

However, if any group of your employees has weekly off on a day other than Sunday, that group of employees can avail the benefit of National Holiday falling on Sunday and they need not work on that day. But if they are called to work on that day, obviously, they should be given overtime wages and a compensatory holiday in lieu of holiday lost. Such deployment should be done after informing the Labour department in the prescribed form.

From India, Kannur
Dear Madhu Sir,

thank you for your reply.

now, these persons enjoying their weekly off day as well as other day as compensatory. any how sunday is their working day.

sir, my query is that in that case for all other employees, who have not utilised that holiday due to sunday can they be granted other day as holiday with some other day.

Regards
Hanumanth


For all other employees whose weekly off falls on a national holiday, there is no compensatory holiday. First of all Compensatory holiday is available only to those who work on a holiday. Secondly, National Holiday, if falls on a weekly holiday, there is no need to give another holiday in its place. In Telangana Act also the wording is like what I have described in my previous thread and as such every employee shall be allowed holiday of whole day on 26th January, 15th August and 2nd October and Four other holidays. Any of the 'Other holidays' if falls on weekly off day shall be substituted by another holiday. The employees- employer can decide which all four days in a particular year shall be declared as festival holidays, but in respect of national holidays, the days are pre decided and if any of them falls on a weekly holiday of any employee he can not demand a substitute holiday.

Therefore, for those whose weekly off day falls on Sunday, no compensating day shall be given if a National Holiday falls on that Sunday.

From India, Kannur
Dear sir,

thank you so much for your valuable reply and clarifications.

but, final one question sir. when it comes to holidays few are utilising 12 holidays (as per our factory declared) because 15th falls on sunday. but as we discussed others are enjoying 13 holidays (including compensatory) as they are utilising weekly off and compensatory off....is it will not be a problem.

Regards
Hanumanth.


Suppose a national holiday falls on Monday, then those who have weekly off on Monday would lose that holiday and such things happen and cannot be counted as loss of holidays. Moreover, it is not a regular happening but happens very rare.
From India, Kannur

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