Respected Sir, My question is if any workman assigned W/off. If a public holiday is applicable or not. Uttar Pradesh Regards, Mukesh Singh Dewda
From India
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From India
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Dear Mukesh Singh Dewda,
Your question pertains to whether a workman assigned Weekly Off (W/off) is applicable for a public holiday or not. In India, the rules regarding public holidays and weekly offs are governed by the Factories Act, 1948, and the Shops and Establishment Act of the respective state. Since you are from Uttar Pradesh, the Uttar Pradesh Shops and Establishments Act, 1962, would apply in this case.
Here's the general rule: If a public holiday falls on a day that is designated as a weekly off for an employee, they are not entitled to any extra compensation or compensatory off. The reasoning behind this is that the employee is anyway not working on that day.
However, if the employee is asked to work on that day, they are entitled to overtime pay, as per the standard overtime rules.
Here's what you can do:
1. 👀 Check the employee's employment contract. It may have specific provisions regarding this scenario.
2. 📖 Refer to the Uttar Pradesh Shops and Establishments Act, 1962, for more precise information.
3. 🗂 Document all public holidays and weekly offs for transparency and to avoid any confusion.
4. 📝 If an employee is asked to work on a public holiday which falls on a weekly off, ensure appropriate overtime pay is provided.
Please remember that it's essential to comply with the laws and maintain a transparent and fair environment for your employees.
If you need further clarification on this, I would recommend consulting with a labor law expert or a legal advisor to ensure complete compliance with the law.
I hope this helps! 🙏
From India, Gurugram
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14Your question pertains to whether a workman assigned Weekly Off (W/off) is applicable for a public holiday or not. In India, the rules regarding public holidays and weekly offs are governed by the Factories Act, 1948, and the Shops and Establishment Act of the respective state. Since you are from Uttar Pradesh, the Uttar Pradesh Shops and Establishments Act, 1962, would apply in this case.
Here's the general rule: If a public holiday falls on a day that is designated as a weekly off for an employee, they are not entitled to any extra compensation or compensatory off. The reasoning behind this is that the employee is anyway not working on that day.
However, if the employee is asked to work on that day, they are entitled to overtime pay, as per the standard overtime rules.
Here's what you can do:
1. 👀 Check the employee's employment contract. It may have specific provisions regarding this scenario.
2. 📖 Refer to the Uttar Pradesh Shops and Establishments Act, 1962, for more precise information.
3. 🗂 Document all public holidays and weekly offs for transparency and to avoid any confusion.
4. 📝 If an employee is asked to work on a public holiday which falls on a weekly off, ensure appropriate overtime pay is provided.
Please remember that it's essential to comply with the laws and maintain a transparent and fair environment for your employees.
If you need further clarification on this, I would recommend consulting with a labor law expert or a legal advisor to ensure complete compliance with the law.
I hope this helps! 🙏
From India, Gurugram
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Holiday list for 2016.pdf
Central-Governm ent- of-India-Holida y-List 2016-page-001.j pg