Understanding Holiday Pay: Are Workers on Leave Entitled to National and Festival Holiday Benefits?

Hi everyone, my name is Krishna Rathor, and I am a new joiner with you. I hope to gain valuable ideas and thoughts to increase my knowledge. Thanks to all.

Guidance on National and Festival Holidays Rules

Please, can somebody guide me on National and Festival Holidays rules? The question is, "Is a worker entitled to pay for National and Festival holidays (as per The Punjab Industrial Establishment (National and Festival Holidays and Casual and Sick Leave) Act, 1965) if they have been continuously absent from duty and the holiday falls within that period?" For example, if a worker is on leave starting today, 28.04.2011, and returns to duty on 04.05.2011, with a holiday falling on 30.04.2011, would the worker be entitled to receive holiday benefits from the employer? Please advise.

Thank you.

Entitlement to Pay for National and Festival Holidays

Your question is, "Is a workman entitled to pay for national and festival holidays (as per The Punjab Industrial Establishment (National and Festival Holidays and Casual and Sick Leave) Act, 1965) if he was continuously absent from his duty and the same holiday falls within that duration?" For example, if a worker is on leave from today, 28.04.2011, and returns to duty on 04.05.2011, with a holiday on 30.04.2011, is the workman entitled to receive holiday benefits from the employer?

Firstly, I would like to clarify that if a person is absent from duties from 28.04.2011 and returns to duty on 04.05.2011, they will not be entitled to any weekly off legally. To be entitled to a weekly off, an employee must work for 48 hours a week, which is 6 days x 8 hours. Furthermore, I am citing Section 5 of the Punjab Industrial Establishment (National and Festival Holidays and Casual and Sick Leave) Act, 1965:

5. Wages. -- Despite any contract to the contrary, every worker shall be paid by the employer wages at a rate equivalent to his average daily wage for each of the national and festival holidays, casual, or sick leave.

Provided that:

(a) No worker shall be entitled to be paid such wages for any holidays or leave other than a national holiday if his name was not on the rolls of the industrial establishment continuously for a period of one month immediately preceding such holidays or leave;

(b) Where a worker is entitled to sickness benefit under the Employees' State Insurance Act, 1948, or sickness allowance under the Plantation Labour Act, 1951, he shall not be entitled to be paid such wages for the days of sick leave allowed under this act;

(c) Where a worker is not entitled to such sickness benefit or allowance, he shall be paid wages for the days of sick leave allowed under this Act at a rate equivalent to one half of the average daily wage.

Based on the above, the employee is entitled only to national holidays (like 26th January, 15th August & 2nd October) but will not be entitled to wages for any holidays or leave if his name was not on the company's roll continuously for one month prior to such holidays or leave.

I trust this clarifies the situation. If you need further clarification, please feel free to ask.

Regards