Can we change the holiday on account of Republic Day from 26th January to another day?

Can we change Republic Holiday to 26th January?

Regards,
Rajesh Kumar

Dear Rajesh,

You cannot change the public holiday for 26th January. The option you have is to call in the minimal number of employees to work if necessary and pay them double salary for the day, along with compensatory time off as well.

We can't change the 4 national holidays.

Dear Rajesh Kumar,

Have you raised the query just because this forum provides the facility of raising queries? 26th January is celebrated as Republic Day. On this day, India became a sovereign republic. This day was chosen to promulgate the constitution of India because 26th January has special significance in the annals of history.

Why do you wish to disregard all of this and want to change Republic Day for the sake of your business? There is a limit to which personal requirements are placed above the nation's requirements!

Dinesh Divekar

The question is not properly phrased, is what I believe. Either the query ought to be if a company can ask its employees to work on a public/national holiday and/or replace the said holiday with some other holiday. Certainly, you do not mean to change the Republic Day itself.

3 National Holidays (26th January, 15th August, & 2nd October) and 1st May are compulsory to be allowed as paid holidays to employees, besides a minimum of 4 festival holidays (to be finalized with the representatives of the employees) under the Industrial Establishments (National & Festival Holidays) Act of different states. Also, Polling days for Lok Sabha & state legislative assembly are also to be allowed as compulsory paid holidays.

In case any employee is called for duty due to exigency on any paid holiday, he, at his option, may be allowed one substitute holiday with full wages on any other day within 6 months or be paid one day's extra wage in addition to the wage for the said paid holiday.

Regards,
S.K. Hota

To all seniors on this forum,

Request: Can't this type of query be disregarded? Don't we know that national holidays are granted to celebrate our nation's proud moments on these dates?

@ Dinesh Divekarji,

Thanks for your kind mention. I was about to delete this post itself.

Dear All,

How many shops close their shutters on national holidays to celebrate our nation's proud moments on these dates? How many shops and establishments follow the rules for working on national holidays? Are they providing Form-V-A (which may differ for different state/central establishments) signed to the Labor Department to work on national holidays and ensuring compliance with all labor laws? The fact is, there are loopholes; let's identify them and move forward.

Dear Chennaiin,

I hope that you can very well distinguish and understand the difference between changing a holiday in its entirety and requiring employees to work on such a holiday due to business exigencies. I also believe that every State National and Festival Holidays Act recognizes the necessity of operating certain industrial establishments such as transportation, communication, medical services, continuous process industries, etc., even on public holidays in the interest of the public as well as the impossibility of shutting down operations. That's why the options of taking the holiday, working with double wages, or having an alternative holiday within three days before or after the holiday are provided to employees under the Acts.

Therefore, we cannot criticize the operation of such establishments on holidays as unpatriotic or view the legal choices given as loopholes. In my opinion, a negative response is appropriate when faced with incorrect or misleading phrasing in the query, despite the presence of lawful options in the statute.

26th January is a national holiday and cannot be changed.

Dear Dinesh,

You can't change the restricted holidays.

Dear Aks17,

Though you have given the benefit of doubt to the originator of the query, his intention is well clear. He has not asked whether employees can work on Republic Day.

For Chennaiin: - You have recommended Rajesh to find out a loophole and go ahead. Please note that while writing in a public forum, you cannot recommend how to be evasive. You must recommend elevated ideals or conduct. Secondly, the comparison of business entities with that of roadside shops is unfair. Laws are quite clear on who can work on Republic Day and what the alternatives available are.

For Amit: - Please note that "Rajesh" has raised the query and not "Dinesh."

Thanks,
Dinesh Divekar

Every business must seek to follow laws willingly. Finding loopholes is the main cause of problems in India, and it often leads to amendments in the law by the Government of India (GOI). Laws regarding National holidays are clear. If the nature of work requires an individual to work on a National holiday, the provisions for payment and time off are also clear. It is important to avoid evading, avoiding, or curtailing the privileges and provisions of the law.

Dear Mr. Rajesh,

To your knowledge, you could ask this question because of the reason you live in a Republic Country, and it is declared a public holiday across the country in remembrance of the freedom fighters who struggled for us.

Back to your question, on these days all institutions, irrespective of under which law they are covered, or whether they are public or private organizations or MNCs, should necessarily remain closed. But if for some reasons, on these national holidays, the employers wish to keep their organization functional, they need to obtain prior permission from concerned authorities. Also, the workers who work in the organization on these national holidays are entitled to receive double wages for the day.

Thank you

Dear Mr. Jacob,

"It is declared a public holiday across the country in remembrance of the freedom fighters who struggled for us."

Republic Day is a proud day for all of us to remember when India's constitution came into force on January 26, 1950, completing the country's transition toward becoming an independent republic. This question now has many clear answers and need not be pursued further, to my mind.

Dear all,

Sorry, the related posting was blown out of proportion I think. My apprehension was, how many are abiding by the law before opening the shops on public holidays. The "exigencies" status cannot be given to all entities.

Dear Rajesh,

You cannot change the public holiday for 26th January. The option you have is to call the minimal number of employees to work if necessary and pay them double salary for the day and provide them with compensatory time off as well.