Navigating Holiday Pay: Do Absences Affect National Holiday Wages in Tamil Nadu?

Dear seniors, I am working in a textile industry as an HR payroll executive. My factory is located in Tamil Nadu. My doubt is regarding NH/FH payable.

Holiday Schedule and Wage Doubts

In this month, January 2015, we have two festival holidays for Pongal on the 15th & 16th, and one national holiday for Republic Day on the 26th. We declared the leave on the 16th, and we didn't run the factory on that day. However, on the remaining two days, i.e., the 15th & 26th, we ran the mill.

We are prepared to pay double wages for the 15th and 26th if an employee comes to work on those days. But my question is, if an employee does not show up for work without any information on the 25th and 27th, are they still eligible to receive the national holiday wage? Are there any prefix or suffix rules that apply to this extra wage? Please guide me.

Thank you.

I hope you have raised a Form VA with the inspectorate authorities for prior permission to work on national and festival holidays; otherwise, your factory will be penalized.

However, workmen who were 'Absent' on a National/Festival Holiday will be eligible for leave with pay. Workmen who were 'Present' will receive double the salary. Also, prefix/suffix rules will apply without a doubt.

So, according to you, anyone absent on both the 25th and 27th will lose salary for the 26th under the sandwich rule. I hope I am understanding the problem correctly.

Pay Deduction and Leave Policy for January

There is no pay deduction on both 25 Jan (Sunday - Weekly Off) and 26 Jan (National Holiday). As for workmen who were absent on 27 Jan, their leave will be deducted. For temporary workmen/contractual labor, their payment will be deducted for being absent on 27 Jan.

Salary Deduction for Absence on Specific Days

If you are absent on the 25th, 26th, and 27th of January 2015, your salary for only one day, which is the 27th, would be deducted. The company cannot deduct your salary for the 25th and 26th in any case. If the company had asked you to come on the 25th and 26th of January, and you had not come on those days, the company can ask for your explanation but cannot deduct your salary.

Sir, you clearly stated that if an employee comes to work on a holiday, he is eligible to receive double wages; otherwise, he is eligible for a single wage. Finally, you mentioned that prefix and suffix rules also apply. That sentence is confusing to me. Please clarify the meaning of prefix and suffix rules with examples. Please, sir.

Avoid the Sandwich Rule

Don't follow the sandwich rule; it's illegal. If it's found by the labor department or HR department, necessary action will be taken against you. Please avoid it. Anyone who worked on NH/FH days must be paid double wages, with or without prior information.