Is It Fair to Be Forced to Work on National Holidays? Seeking Advice for Airline Staff

Hello, I would like someone to advise if the company that I work for is correct with the following:

a. It is compulsory to work on a National Holiday with the holiday payment.

b. If the employee does not want to work on a National/Festival Holiday, they would have to surrender a privileged leave for that day.

The company is registered under the "Shops and Establishment Act," and this requirement is for private airline staff working at an airport.

Thank you,
Andy

Registration Under the Shops and Commercial Establishment Act

The company should be registered under the Shops and Commercial Establishment Act. If the company is not registered but falls under the definition, it is still liable for providing lawful arrangements for National and Festival Holidays.

Clarification on National and Festival Holidays

In this regard, I would like to clarify the following points:
a. It is not compulsory to work on National/Festival holidays. These holidays are considered paid holidays.
b. If an employee does not wish to work on National/Festival holidays, they have the option of using their Paid Leave (PL) for that day.

Additionally, to ensure the continuity of work in an establishment, the employer, in agreement with the representatives of the employees selected in the prescribed manner, may create a written scheme to regulate leave allowances. However, wages/salaries must be paid at the overtime rate or as prescribed.

For further details, please refer to the rules of the state.

Thank you.

Regards,
PL Chhipa

Working on National Holidays: Permissions and Payments

To work on any National Holiday, the HR/Occupier of the Plant must obtain permission from the Inspector of the Factory to operate the plant. If permission is granted, employees are required to work on the National Holiday. However, if any employee chooses not to work on that day, the employer does not have the right to deduct Privileged Leave (PL) from the employee.

The employer is responsible for paying four times the regular payment for working on a National Holiday. This is because, on a general working day, they pay overtime (OT) at double the rate, and since it's a National Holiday, the rate is doubled again. Therefore, four times the day's pay should be provided.

However, it is likely that the Inspector of the Factory will not grant permission for any industry to operate on a National Holiday.

You can visit your local Inspector of Factories office to report the issue, and they will handle the rest.

Regards,
B. Anand Kumar

If the employee is instructed to work on a holiday, then obviously he will be given a Compensatory Off. If not, he will be paid double the wages for the period he worked. If the company has an exemption to declare the holiday and opts to work on all 365 days in a year, then the company has to maintain the weekly compensatory off register. In this register, the company must mention the names of those who worked on holidays and the dates when they will be given compensatory time off (preferably within the next 3 working days).

If the employee refuses to work on a holiday, he will not be paid double the wages for that day, but his Paid Leave (PL) will not be deducted.

Thank you. Could you please advise if there is a requirement under the Shops and Establishment Act for the company to seek prior permission to keep an establishment open on National Holidays? I have read the AP Shop and Establishment Act as well as the Holiday Act; it does not state that the employee cannot be forced to work on a Public Holiday. It provides information on compensation, the application process, etc. I have not been able to find any legal document that explicitly states that an employee cannot be compelled to work on a Public Holiday.

I would appreciate it if you could guide me on this issue.

Regards,
Andy