Legal Concerns: What Happens If You Work Overtime on a National Festival Holiday?

Legal Complications of Working on a National Festival Holiday

If an employee works on a national festival holiday and also does overtime on the same day, what are the legal complications regarding the State Act?

The employee must be paid normal wages on the National/Festival Holiday, and the workman is eligible to receive double overtime for the number of hours worked on that day. Alternatively, the employee can be paid for the National Holiday, and since they have worked on the holiday, they can be given a compensatory day off within the next three working days.

Thank you.

You see, to have posted the same query twice... Why should there be a legal complication? Is working on that day prohibited? You need to pay the person for that day even if he is not working. If he is working, he is eligible for overtime for the hours worked. He has worked for more than 8 hours on that day, so he will get paid overtime wages for the entire working period as boss2966 says. However, I don't think he needs to be given a compensatory off unless that was a weekly holiday for him. He has to be paid overtime irrespective of compensatory off anyway.

Please go through the copies of the letter and the Act in the PDF attached to this comment, where the rules and procedures prevailing in Karnataka are mentioned. This may help you.

Regards,
SPKR

Karnataka State Acts Applicability

Karnataka State Acts are applicable to Karnataka only. Follow the Punjab Industrial Establishment National & Festival Holidays Act of 1965.

Regards,
Varghese Mathew

Firstly, there are no legal complications as such that one must understand. Thereafter, every state has an act available on the e-governance website outlining the exceptions and requirements for organizations to follow. Ideally, a national holiday means that the company shall remain closed, and regular functions would not be available. However, essential services might remain operational depending on the organization's work scenario.

Furthermore, if an employee works on a holiday, they are entitled to additional pay for the day or may be given a compensatory day off according to the organization's policies. If overtime (OT) is applicable, double OT is generally granted, but this also depends on the organization's policies, which should be fair and flexible.

Employees are the most important asset for any organization. Each employee is also responsible for completing tasks assigned by the organization. Managers can prepare a work chart based on job requirements to decide how to utilize subordinates and whether to call them in to work on holidays. However, this should be done within the limits of the organization and without abusing power.