Facing No Public Holidays at Work: How Should I Handle This Situation?

Hello,

A few days ago, I joined a private firm, and now I have come to know that they are not providing public holidays like 15th August, 26th January, 2nd October, and not even festival holidays. What should I do in such a case? Please guide me regarding this matter.

National and Festival Holiday Act Overview

The National and Festival Holiday Act, which applies to all establishments in the country regardless of the law under which they are formed, mandates granting leave on the following three days: 26th January (Republic Day), 15th August (Independence Day), and 2nd October (Gandhi Jayanti). For the remaining festival holidays, the declaration depends on the discretion of the concerned states and establishments. The number of festive holidays can differ from state to state.

All organizations must remain closed on the three national holidays. However, if an organization needs to operate on these days due to certain reasons, prior approval from the concerned authority is necessary. Employees working on these days are entitled to receive double wages for the day.

National and Festival Holidays Act is a State legislation. Some states might not have enacted it. In those states, the Shops and Establishment Act need to be referred to if your firm is one covered by the Shops Act.

B. Saikumar
HR & Labour Law Consultant

15th August, 26th January & 2nd October as per the Indian Labour Act are Mandatory Holidays. Other festive holidays depend on the state. However, these three dates mentioned are a must for holidays.

Hi,

I just want to tell you that it's not three days, it's four national holidays which are mandatory for all establishments:
- May 1st
- Jan 26th
- Oct 2nd
- Aug 15

If any company plans to work on those days, they should inform the labor department and get prior approval. They should also compensate as per laws.

Dear All,

1st May is not mandatory. It is also dependent on State rules. 26 Jan, 15 Aug, and 2nd Oct are mandatory, and each state's rules mention the minimum number of holidays in a year.

Dear all respected seniors,

Thank you for providing such great information, but my organization is not providing any alternate holiday, no extra wages, not even half day or holiday, because it's a retail chain. Approximately 200 employees are working here. What am I supposed to do in such a case when they are not even ready to listen to these concerns?

Dear Mr. Kumud,

As rightly said by Mr. Balaji, one has to observe four National Holidays (mandatory) and five festival holidays as per statutory norms for both the Factories Act and the S&E Act. National Holidays are fixed, and the days have been mentioned in the message by Mr. Balaji. The other five festival holidays lie in the prerogative of the company. Approval of Form-V by the Inspector of Factories and Labor Department by 30th Nov is also a must.

Regards,
Sathish G

My company didn't have a holiday on October 2nd this year. I have no idea why. I was a new joiner then.