Hey all, I want to remind you why it is called NATIONAL HOLIDAYS and what it means. No one can overrule this, and it must be followed strictly. No employee can be called upon to work on a National Holiday.
However, if engaging workers on a holiday is essential, you can do so provided you give them overtime payment and a compensatory holiday.
Since managers are not considered workmen under any labor law, they can work on holidays without receiving overtime pay or compensatory holidays. They are seen as representatives of the owners or employers.
As per sec. 5 of the National & Festival Holidays Act:
(2) Where an employee works on any holiday allowed under [section 3 or 3A], he shall, at his option, be entitled to —
1. Substituted by Act 28 of 1997 w.e.f. 30.9.1997
(a) twice the wages; or
(b) wages for that day and to take a substituted holiday with wages on any other day.
Moreover, the judgment of the Honb'le SC on the SIAL case declared that the employer has the right to engage workmen during National Holidays.