Holiday Pay on Independence Day: Should Working a Full Shift Be Counted as Overtime?

Hi everyone,

If anyone worked a full shift (8 hours) on Independence Day, August 15, which was a paid holiday in the factory, will he be paid wages for that day as overtime? If so, how should we calculate it?

Please do reply.

Regards

Yes, you should pay him wages for overtime. One important thing to note is that if any worker works on a paid day, they will be entitled to overtime wages based on the number of hours worked that day. Consequently, they will receive double the regular wages for those hours.

Dear,

It would be better to go through the Act under which you are liable to grant this paid national holiday for calculation of overtime payment.

Regards,
R.N. Khola
(Labour Law & Legal Consultants)
09810405361

Hi there,

I have one more question to ask. In my factory, workers refuse to use welding goggles (safety equipment) while on duty because it is too hot on the shop floor, and the goggles are too cumbersome and uncomfortable. The Engineering Manager has complained to me about this. So, what should I do as an HR Manager?

I have gone through the Factories Act, but I am a little confused. Can you help me out?

Thank you.

Hi,

If an employee works on a national holiday, they are eligible for either compensatory time off or double pay, as per the Act.

Regards,
Sreekumar

Dear Mr. R.N. Khola,

Greetings for the day!

I just want to know if abstracts of the Contract Labour and Minimum Wages Acts are available in Oriya and Bengali languages. If yes, then where can I obtain copies of the same?

Additionally, I would like to clarify whether if a company receives a contract from a Principal Employer and subcontracts this work to another contractor, is it mandatory for the company to obtain a Contract Labour License first before instructing the subcontractor to obtain an additional license, or can the subcontractor directly secure the license and commence work?

Please advise.

Regards

Dear Kapil Dev Singh,

At times we see in different Acts it is written that we are also required to display notices in a language understood by majority of the workmen then in that case we should approach the area book-sellers where your unit is situated. These types of chart are not available through out India.

On your query No. 2 regarding taking of licences by the contractor & sub contractor, it is made clear that as Contract Labour (R&A) Act, 1970 both are covered under the definition of the ‘Contractor' & therefore both of them are required to have valid contract labour licence. If the principal employer allows you to have sub-contractor with you then you are to obtain Form V for both of you. The PE should also apply for R C under this Act showing both the contractors in his application. If both the contractor & sub- contractor start their work at the same time then both of them are required to apply for licence at the relevant time. In the second situation if the sub-contractor came into picture later on then the PE will also have to apply for amendment in R C & the sub-contractor will also apply for licence after taking Form V form the PE.

Submitted as requested.
Regards,

R.N.Khola


(Labour Law & Legal Consultants)
09810405361

Hi, please ignore the previous posting.

It is the duty of the Works Manager and HR Manager to take care of the safety of their workers. As per the Factories Act, it is an offense to carry out things without safety measures. Hence, it is mandatory for employers to provide safety measures and for employees to use them to avoid accidents. Please ensure that the employees wear these safety measures during work. You can also issue a memo to them regarding this and keep a record of it.

Regards,

Sreekumar

Hi,

Yes, he has to be paid overtime as well. This means that a total of 3 days' payment/wages has to be given - one for his holiday and the other two for overtime (double) for the day's work (8 hours).

Dear Niralihpatel,

You are talking about Independence Day, not about a normal paid holiday. For your kind information, it's a total off day, and you can't take work from employees on Independence Day.

Hi Kapil,

The general rule is that in the event a company deploys contract laborers, it must obtain a license. However, if the company subcontracts the work, the contractor must obtain a license vis-a-vis its principal employer. The contractor must also obtain registration as the principal employer vis-a-vis the subcontractor and ensure that the subcontractor obtains a license to provide services. A subcontractor cannot obtain a license vis-a-vis the company that initially gave the work as there exists no legal relationship between the subcontractor and the original company.

Hope this clarifies the issue.

Prashanth

The problem could be that there is not sufficient ventilation arrangements, due to which the employees are possibly using the excuse for not wearing safety goggles.

Further, you can look at a shock therapy kind of treatment...give them an indication of the damage and long-term effects of them not wearing safety equipment...this should make them conscious of the fact that safety first...comfort later.

Dear Niralihpatel,

If you are working on any holidays declared by the factory, the rate will be:
One day attendance + twice the rate for hours worked.
For example, if a person works on a holiday, he will receive 24 hours of pay for working 8 hours, i.e., 3 times.

Regarding your second question about the violation of safety rules, disciplinary actions can be taken.

Regards,
SC

Dear all, if an employee worked on a public holiday, we have to pay twice the wage or give compensatory off as per the AP Factories and Establishments (National Festivals and Other Holidays) Act of 1974 under section 3.

For the second question, discuss with your superiors and consider changing that equipment. While providing safety precautions by giving equipment is not an issue, ensuring safety measures for comfort and good working conditions is important. If the employees are not comfortable with the equipment provided, try to make necessary changes. If disciplinary action is taken, employees may file a complaint against you as proper measures were not provided.

Dear Mr. Kapil,

We may deploy any workers on any declared holidays under law if required for business, with the approval of the Inspector of the Factory.

Thank you.