Working from Home on Labour Day: Should Employers Offer Double Pay or Extra Leave?

Hi Folks,

Our employees are working from home during this lockdown. May 1st is Labour Day, which also falls in between.

Now, is the employer liable to pay double pay or provide additional leave if they work on May 1st? Your suggestions and inputs are appreciated.

Dear David,

The question of the grant of an alternative holiday or payment of double wages would arise only when the employee is asked by the employer to work on a national or festival holiday. Working from home on any day, including the current lockdown period, is undoubtedly a working day. If that particular day is a national or festival holiday, and the employer requests work from home on such a day, the provisions relating to double wages or an alternative holiday would certainly apply, regardless of whether the place of work on that day is the premises of the establishment or elsewhere.

Thank you.

Dear David,

You see, the rule of your state deals with NH & FH, so act accordingly. The question of granting an alternative holiday or payment of double wages would arise only when the employee is asked by the employer to work on a national or festival holiday.

You need to pay as per the state rule if, on the day of FH/NH, the employee has performed his duty. If work from home applies to the employee during the current lockdown, it is treated as being on duty.

Statutory compliances for working on May 1st

Are there any statutory compliances or permissions required to be obtained to allow workers to work on May 1st?

Understanding May 1st as a Holiday

First of all, May 1st is not a national holiday. You need to follow the state guidelines for May 1st, if any. Check whether your establishment is considered a holiday on the notified list of holidays during this calendar year. The establishment can work on a holiday by paying according to the state rules for working on holidays. There are many establishments that cannot be closed completely due to their operational processes.