October 2nd (National holiday), the company operated - day should be considered a holiday or as Leave Without Pay (LOP), according to policies?

Dear Expert,

I hope this message finds you well. I have a question regarding the company's policy regarding holidays and leave. On October 2nd (National holiday), the company operated despite it being a designated holiday. However, on the same date, a few employees took leave.

In such a situation, could you kindly clarify whether the day should be considered a holiday or as Leave Without Pay (LOP), according to policies?

Note: According to our policies, employees providing holiday support will receive one day's salary and an alternative day off.

Your guidance on this matter would be greatly appreciated.

Warm Regards,
Kani Krishnan

Hi,

If your company declared 2nd Oct 2023 as a holiday (as per your NH/FH holiday list), then it is a national holiday, and you cannot expect employees to come and work. You cannot treat leave without pay for those cases. For employees who supported compensatory off can be given.

Thank you for your wonderful comments, Mr. Lakshmi Narayanan.

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As far as I know, 2nd October every year is a National Holiday throughout the country, and no employer has the option to change the same. This is also true for 26th Jan, 1st May, and 15th August. Festival holidays are only optional and will differ according to the place.

Now coming to your query:

A) Those who did not appear for work on the National Holiday, if they were not required by the employer through Form V-A, are eligible for wages/salary.

B) Those who attended work on the National Holiday as per the requirement of the employer through Form V-A have the option to choose (I) another holiday with wages/salary OR another wage/salary for the day worked.

In other words, choosing either of the two aforementioned options is the employee's choice; the employer cannot decide or dictate.

One more piece of information: if the employee did not attend work even after being called or required as per Form V under the Act, they will not be eligible for wages/salary. Refer to the Judgment Management vs workmen of Madura Coats Limited, Madurai.

The national holidays are paid holidays for the whole country. The employees or workmen are being paid or receive benefits as per the rules of the state or national authorities. Employees called in to work on national holidays attract payment at double the rate, or with a leave in lieu as prescribed in the rules. In case of absence on the holiday, it shall be treated as present and single wages provided meet the eligibility norms.