Is Gandhi Jayanti a Mandatory Holiday for Factories in Maharashtra? Seeking Guidance from Seniors

Dear Seniors, We are a manufacturing company in Chakan, Pune, Maharashtra, covered under the Factories Act, Maharashtra Rules. Is it compulsory to declare Gandhi Jayanti as a National Holiday (as the Act or Rule does not specify declaring any day as a Compulsory Holiday)?

Thanks in advance.
Regards

National Holidays and the Factories Act

The Factories Act does not specify holidays, but holidays are declared following the State Act. For instance, the (Maharashtra) Industrial Establishment (National and Festival Holidays) Act mandates that January 26th, August 15th, and October 2nd are National Holidays. Additionally, many State Acts have designated May 1st (May Day) as a National Holiday.

Regards,
Madhu.T.K

Dear members, as far as I am aware, Maharashtra does not have a National & Festival Holidays Act; therefore, a factory can choose not to declare October 2 as a holiday.

Regards,
Preetam Deshpande

Observance of National Holidays in Maharashtra

That doesn't mean that you can work on a national holiday which is declared as such by the Government of India. It is right that in Maharashtra there is no legislation regulating holidays in factories (it is surprising also!), but the public holidays are to be observed as such. Accordingly, you have to observe January 26th, August 15th, and October 2nd as holidays.

Madhu.T.K

Adding further to the above-raised query, is it compulsory to declare 2nd October as a holiday for an International BPO catering to UK and US clients, which is based out of Kolkata?

Thanks and regards,
Bhuvaneshwari

If you are working in India, then you are bound to follow the rules of India, whether you work for the US or the UK.

Madhu.T.K

In Maharashtra, 26th January, 15th August, and 1st May are compulsory holidays. Under the Shop and Establishment Act, 2nd October is also a compulsory holiday. Manufacturing units in Maharashtra need not observe 2nd October as a holiday.

Hope this clarifies.

Regards,
R M Chaubal
Sr. Manager HR

Compulsory National Holidays

National holidays should be declared as compulsory holidays. However, sometimes it's not viable to observe a holiday for all, such as in hotels/restaurants operating 24x7 and call centers. In such cases, the company can choose to pay extra to employees who work on these holidays.

Please let me know if you need any more assistance with grammar or spelling corrections.

Regards

National Holidays and Compliance

National holidays should be declared as compulsory holidays, but sometimes it's not viable to observe a holiday for all, such as in hotels/restaurants, cinemas, hospitals, and other public service-related organizations that operate 24x7, like call centers. In such cases, the company can pay extra to the employees who work on these holidays.

Compliance with Government Orders

How can one comply with the obligations against the order of the Government of India? All these four national holidays are declared by the Government of India.

Engaging Employees on National Holidays

Engaging employees on a national holiday at double the rate of wages is another issue. The question raised here is whether Gandhi Jayanti should be a closed holiday for factories. Since the Factories Act does not have a specific provision regarding this, and in Maharashtra, there is no act that regulates holidays for industrial establishments, unlike the Kerala Industrial Establishments (National and Festival Holidays) Act or the Karnataka Act.

Even calling employees in on national holidays should only be done by issuing a notice in the prescribed form and informing the appropriate authority of such engagement on a national holiday in advance. No hotel or IT firm can engage workers without such notice. While hotels and other establishments have permission to operate 24/7, this does not exempt them from observing holidays or denying workers time off. The flexibility in timing is granted under specific conditions, and it is crucial to review these conditions before assuming work can continue on national holidays.

Regards,
Madhu.T.K

Dear Madhu,

You have rightly mentioned that in Maharashtra, there is no legislation regulating holidays in factories. Now, I am highlighting this issue to the central government authority to take this matter into consideration. Maybe they can look into this, and things may change.

Regards,
Chetan.

Dear Mr. Syed,

Who is making obligations against the Order of the Government of India? Yes, all the four National Holidays are declared by the Government only, and I also appreciate the same thing. If you have read and understood the post, then you would not have written the word "OBLIGATION TO GOVT." It is clearly mentioned that National Holidays should be declared as compulsory holidays, but due to holidays, sometimes it is not possible for certain entities to close down their business. Hence, employees who are willing to work on holidays can work with extra pay, but you cannot compel employees to work on National Holidays.

Lastly, if I have hurt you in any way, please forgive and forget.

I also endorse that the Maharashtra Factory Rules do not mention anything about national holidays or compulsory holidays. However, the Bombay Shops and Establishment Act has a provision under Chapter VII, Section 35(4), which reads as follows:

"Notwithstanding anything contained in this section, every employee, irrespective of their period of employment, shall be entitled to an additional holiday on the 26th of January, 1st of May, 15th of August, and 2nd of October every year. For holidays on these days, the employee shall be paid wages at a rate equivalent to the daily average of their wages (excluding overtime) that they earn during the month in which such compulsory holidays fall:

Provided that the employer may require any employee to work in the establishment on all or any of these days, subject to the condition that for such work, the employee shall be paid double the amount of the daily average wages and also leave on any other day in lieu of the compulsory holiday."

Regarding Republic Day, Independence Day, and Gandhi Jayanti as national holidays, I would like to draw your kind attention to the fact that there is no formal order to declare those holidays as national holidays. An interesting discussion on this topic is presented in the following link:

https://www.citehr.com/424944-national-holidays.html

Regards

Dear all members, I am not sure about the existence of a special and separate law covering National and Festival holidays in the State of Maharashtra. In states where such a law is in existence, it only regulates the grant of such special holidays to employees of industrial establishments subject to the provisions of the parent law applicable to the particular establishment. In the absence of a special law, granting leave on such holidays to employees should be observed as per the provisions of the parent Act applicable to the establishment. For example, if the parent Act prescribes a compulsory weekly closure day for the establishment and its employees, and by chance, the national holiday falls on the same day, then all the employees should be allowed a holiday; otherwise, they may be asked to choose between availing the holiday, working for a compensatory holiday, or receiving double wages.

Khóc cho nhớ thương với trong lòng, khóc cho nỗi sầu nhẹ như không. Bao nhiêu yêu thương những ngày qua đã tan theo khói mây bay xa...

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It seems we have conflicting voices here. Where can we get a clear picture of whether we have to observe Gandhi Jayanti as a public holiday or not?