National Festival Holidays: Should Employers Keep Establishments Open on These Days?

Dear All,

Under Section 3 of the National Festival Holidays Act 1963, every employee shall be allowed in each calendar year a holiday of one whole day on the 26th January, 15th August, and 2nd October. Now, my query is: shall the employer keep the establishment open on the aforementioned holidays? Please clarify.

Regards,
RNSwamy

Hi,

An employer can keep their establishment open on national and festival holidays as the closing of the establishment may decrease productivity, which is crucial. However, the employer's obligation is to pay double the wages to the employees who work on national and festival holidays.

Regards,
Madhurima

First of all, you must obtain an exemption under the Factories Act for the area that requires continuous processes or activities. In such cases, you will be required to pay double the wages and provide one holiday for working on national holidays such as the 26th, 2nd, and 15th.

Ak Malhotra

Dear Mr. Malhotra,

Yes, Mr. Malhotra is absolutely right, and this permission is given by assessing whether your organization is involved in a continuous process where production cannot be stopped.

Thank you.
J.S. Malik