Is It Fair to Work on a Holiday Without Extra Pay? Seeking Advice for HR Discussion

santo007
Hi, I work for a call center in Pune, and I am being asked to work on 2nd October without any comp off or extra pay. Is this right? If not, what can I do to address this matter with my HR? Under which act does this issue fall, and what should I communicate to them?
NSreedhar
Hi,

As per the Shops and Establishments Act, 2nd October is a compulsory holiday with pay. This regulation applies nationwide to all organizations, companies, firms, shops, factories, etc.

If your job requires you to work on 2nd October, it can be compensated.

Regards
bhupender soni
According to the Factories Act of 1948, when an employee works on any holiday, the worker is entitled to wages at twice the ordinary rate of wages when working overtime after exceeding nine hours in a day or 48 hours in a week. Additionally, if a worker works on any national holiday, they are entitled to wages at three times the ordinary rate of wages.
tushar.swar
Hi,

As you said, I would like to clarify first that no employer can allow any employee to work on a National Holiday without prior permission from the Shops & Establishment inspector or Factory inspector, with a satisfactory reason.

In case they have obtained approval for the same, they must provide Compensatory Off for that day and also pay the salary or wage for that day at a double rate.

Most employers are not aware that without inspector permission, they cannot act against the law. Due to a lack of knowledge, they often follow their own rules and regulations.

In my career, I have encountered many cases like this where organizations do not adhere to the regulations, and directors or owners pressure employees to work on holidays.

In your situation, you are entitled to receive compensatory off for that day and also the wage or salary for that day at a double rate.

I hope you are satisfied with this information. If you have any doubts, feel free to reply to me or refer to the Shops & Establishment Act for more knowledge.

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