Is It Legal for CA Firms in Maharashtra to Require Work on Maharashtra Day?

Hello, I would like to know if a Chartered Accountant firm is allowed to ask its employees to come to work on the 1st of May, which is Maharashtra Day, considering that the company is based in Maharashtra.

Thank you for your reply.

If an employee is required to work on any of these holidays (January 26th, May 1st, August 15th, and October 2nd), he will be eligible for a compensatory holiday in addition to double the payment for the holiday on which he has worked. The aforesaid is the legal position.

Yes, you have to give that employee compensatory holiday as well as double pay for that day.

Please clarify. This is the legal position under which act and which sections.

I had sourced this information from nitekrawler.wordpress.com.

https://nitekrawler.wordpress.com/20...ment-act-1948/

A bare reading of sections of the Bombay Shops and Establishment Act relevant to working hours does not mention anything about double payment. CA firms are not considered shops under the Bombay Shops and Establishment Act as per the judgment in a case filed by AF Fergusson and six others, leading CA firm.

Ok, you are right. The provision is actually in Sec 35(4) and specifically in the proviso. But, like you said, Chartered Accountants (CA) are not covered under the act.

(4) Notwithstanding anything contained in this section, every employee, irrespective of his period of employment, shall be entitled to additional holidays on the 26th January, 1st May, 15th August, and 2nd October every year. For holidays on these days, he shall be paid wages at a rate equivalent to the daily average of his wages (excluding overtime) that he earns during the month in which such compulsory holiday falls. Provided that the employer may require any employee to work in the establishment on all or any of these days, subject to the conditions 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.

I had picked this information from nitekrawler.wordpress.com [https://nitekrawler.wordpress.com/2008/10/13/labour-laws-bombay-shop-establishment-act-1948/]

Bare Reading of sections of the Bombay Shops and Establishment Act relevant to working hours does not mention anything about double payment. CA firms are not a shop under the Bombay Shops and Establishment Act as per the judgment in the case filed by AF Fergusson and six others, leading CA firm.

Hello,

May 1st is primarily Maharashtra Day for the entire Maharashtra. It is also International Labour Day. On both accounts, it is a statutory holiday. Statutorily, it is an international holiday. You cannot officially work on that day. The Labour Department has a check on defaulters.

Good luck.

SB Panicker, Section 35(4) clearly permits such an act, so the labor inspector can do nothing about it.

Secondly, in this case, CAs are not covered under the provisions of the Bombay Shops and Establishment Act.

International Holidays and Work Regulations

International holidays have nothing to do with it. There are no restrictions on working on international holidays. Please check with the law before posting.

Labour Day in India

Labour Day is not a holiday in India. Only in Maharashtra, it is among the four compulsory holidays. However, that does not stop anyone from asking employees to work. They just need to pay double-rate wages as specified under the law.

Please note that factories do not have to remain closed on May 1 nor pay double rates except if it is listed by them in the return of holidays submitted to the factory inspector.

It depends on you and your staff relationship. Otherwise, anybody can pressure for work on a holiday, and the labor act secures employee rights.