Different Holiday Calendars for Direct and Indirect Workers: Is It Possible?

Can we publish a separate holiday calendar for direct and indirect workers with different numbers?

Technically, I do not see a problem. But please let us know why you wish to do such a thing. Also, let us know whether the teams sit in the same premises or at different places.

I do not think it is possible. As per the National and Festival Holidays Act, the establishment has to declare holidays for the subsequent year for a particular establishment or factory, which is applicable for both permanent and contract workers as a whole.

Holiday Policy for Direct and Indirect Workers

The holidays are declared for the establishment, so they apply to all working in the establishment, whether direct or indirect. If you are operating 24/7, certain essential services are required, and the necessary personnel must be present. The treatment must be consistent for both direct and indirect workers. In any case, it is imperative that the statutory provisions in this regard are complied with.

I have encountered a situation like this, where contract laborers were surreptitiously called by shop floor officials for duty on the day of the Holi Festival, and one of them met with a minor accident. It became very difficult to handle the situation.

So, if you are calling any indirect worker for duty, please ensure all due compliances.

Certainly, you cannot do so since holidays form part of the service conditions of all the workmen employed in the same establishment irrespective of their status of employment.

In this connection, I'd like to quote that the Supreme Court held in its judgment in B.H.E.L Workers Union, Haridwar & Others v Union of India [1985(50) FLR 205 S.C] that no particular distinction should be made only on the basis of the contract labor, and contract laborers are entitled to the same wages, holidays, hours of work, and conditions of service as applicable to workmen directly employed by the principal employer of the establishment on the same or similar conditions of work.

Policy on National and Festival Holidays (NHFH)

Policy permits 12 NHFH for on-roll employees, and the Act provides 8 NHFH, which we want to apply to contract workers. As of now, it is common to have 12 NHFH for both.

Thanks to all experts for your valuable suggestions.

Implementation of Holiday Policy for Different Worker Categories

Regarding the query of Sh. Saswata Banerjee:

We operate a manufacturing concern on a 24x7 basis, with both direct and indirect manpower engaged in various job roles. Currently, both direct and indirect manpower receive a common 12 National and Festival Holidays (NHFH). However, according to policy, 12 NHFH are designated for On-Roll employees, which we intend to continue. For contract workers, we aim to adhere to the NHFH Act, which specifies 8 NHFH. How should we proceed with this implementation?