National or festival holiday - Any case reference and opinion regarding dis-entitlement for refusal to work?

honeyanshi
Any case reference and opinion regarding dis-entitlement for refusal to work on national or festival holiday
Babu Alexander
There is no question of nonpayment of wages on National and Festival Holidays. You have to pay wages for the national and festival holidays. If any employee is required to work, he would be getting additional wage plus a day off. Failing which a off with wages. Nothing is lost to the workmen.
Babu Alexander
Refusal to work on national and festival holidays, ( apart from the procedure of informing the Inspector of Factories in advance purpose, and only for the purpose of maintenance / break down work), HR –Manager plays an important role. The worker has to understand the need for such a request by the Management. Even in continuous process industry, the relationship only makes them to come for work. Unless there is a conflict, no worker would refuse a double wage / salaried work plus a substitute holiday.
honeyanshi
In very straight way above reply is right. Go in more depth of provision of law , Every right has corresponding obligation . The right of the workman to double wages if he works on a National/Festival Holiday is co-existence with the right of the employer to ask the worker to work on a festival holiday.
Refusal to work on a festival holiday will be a misconduct as this will amount to willful disobedience of lawful and reasonable orders. The concerned worker will not only be dis-entitled to wages on that day but also liable for disciplinary action .
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