Paid holiday working - Union is saying this is voluntary but we are insisting that this is solely at the discretion of the management

We want to call workers for duty on a paid holiday. We are paying more than the statutory norms for this. However, the Union is saying this is voluntary, but we are insisting that this is solely at the discretion of the management. We will pay the statutory payments as per the Act. Legal opinion is also in favor. However, we would like to have the opinion of persons who have already been in this situation.

You can ask the employees to work on a declared holiday by informing them in advance in the prescribed form and sending a copy of the same to the Labor Officer. This should be on one condition: the employee shall be paid double the rate of wages for the day and shall be given another day as a compensatory holiday.

Right of the Employer to Call Employees on Holidays

Asking the workers to work on a holiday following the above is a right of the employer. However, this 8-hour working will be considered as overtime work, and when the overtime exceeds the maximum permitted as per the state rules, you will be in trouble. You can also say that abstaining from overtime work is insubordination, but the same can be challenged by the workers and union, saying that working on a holiday is purely voluntary and no employee shall be compelled to work on a holiday. By calling them for work, the very purpose of declaring the holidays for the year in advance will be defeated.

Considerations for Holiday Work

Therefore, the issue has to be faced considering the importance of holidays, religious sentiments, etc.