Is a Paid Holiday Due When 26th January Falls on a Sunday in Manufacturing?

Inquiry About Paid Holiday for 26th January 2014

In 2014, 26th January will be on a Sunday. I would like to inquire if the workmen are eligible to receive a paid holiday in lieu of Sunday since Sunday is designated as the weekly off day in my industrial establishment (manufacturing unit).

Regards,
Deep

Normally, holidays are declared by the appropriate authorities, such as inspectors, officers, etc., of the Labour department under the State Industrial Establishments (National and Festival) Holidays Act, in consultation with employees and the employer. The national holidays are mandatory holidays that will not change even if both the employees and the employer decide not to observe them as holidays. Therefore, the question of granting another holiday in lieu of one holiday lost due to a weekly off day does not arise in the case of national holidays. Whereas the festival holidays, being decided by the employees and the employer, shall be substituted by another festival holiday if one holiday falls on a weekly off day.

Regards,
Madhu.T.K

If Sunday is also included in your salary calculation, it's all well and good; you need not bother about it. However, if your calculation is based on 26, then you have to pay one day's wage in excess for 26th Jan, which is a national holiday. Referring to the wages clause in the NFH Act, it states that notwithstanding any contract to the contrary, every employee shall be paid wages for each of the holidays allowed to him/her under section 3 (sec 3 pertains to national holidays). Therefore, all national holidays are paid holidays, and exemptions cannot be taken as they fall on unpaid weekly off.

Thank you.