I have been working in the textile industry as an HR asset. Now, I have some doubts about that. In August 2014, more than 10 employees in my company did not come to work for the whole month. Should I provide national/festival holiday benefits to those employees as well? If any senior can provide a conclusion to my doubt, it would be greatly appreciated.
Thank you.
From India, Coimbatore
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1Thank you.
From India, Coimbatore
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I think it depends on your offer letter or contract letter that you have given to your employees. Generally, if anybody takes more than their eligible leaves, those days are considered as loss of pay only. However, holidays will be applicable for the entire organization.
Thanks & Regards,
Surya.
From India, Bangalore
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Thanks & Regards,
Surya.
From India, Bangalore
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Even though an employee is on unauthorized absence for a longer period during which a national holiday falls, the employee can be paid wages for the said national holiday, as per our Tamil Nadu Industrial Establishment (National & Festival Holidays) Act, 1958. Therefore, you may please check with your state Acts and go by it.
Thanks & Regards,
From India, Mumbai
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Thanks & Regards,
From India, Mumbai
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You mentioned that more than 10 employees of your organization were absent for the whole month of August. In this case, I suggest you check the Shops and Commercial Establishment Act applicable and the provisions contained in it to address the situation. The 15th of August is one of the three National Holidays declared as a paid holiday for every category of employees in the country, and the same should be provided to them.
Thanks and regards,
S.K. Johri
From India, Delhi
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Thanks and regards,
S.K. Johri
From India, Delhi
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I do not agree with the submissions of both Mr. Surya and Shridharan. Any gazetted holiday or national festival that falls within a period of 15 days from either end of leave is always payable as a paid holiday and can be deducted if the period is beyond 15 days.
Regards,
P. K. Sharma
From India, Delhi
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Regards,
P. K. Sharma
From India, Delhi
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Dear Yudhmass, I am agree with Mr. P.K.Sharma, but further clarity you can refer (National & Festival Holidays) Act, 1958 of your respective state. Thanks
From India, Delhi
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From India, Delhi
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You mentioned that more than 10 employees remained absent and did not come to work for the entire month. Is this unauthorized absence, absence without leave, or authorized absence granted to them? How is a mass leave granted? If it is unauthorized and a mass absence, they are liable for disciplinary action. When an employee is absent for the whole month of August, how can they be eligible to receive wages for National Holidays and the weekly day of rest? Your query is not clear. Please provide genuine facts for us to form an opinion.
Regards,
Adoni Suguresh
Sr. Executive (Pers, Admin & Ind. Rels) Rtd
Labour Laws Consultant
From India, Bidar
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Regards,
Adoni Suguresh
Sr. Executive (Pers, Admin & Ind. Rels) Rtd
Labour Laws Consultant
From India, Bidar
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Generally, NFH wages are payable if the worker has worked for a minimum of 30 days in the 3-month period prior to the NH. However, as per a previous court judgment, the worker should be available for work on the NFH day. This means that if the worker is on strike even one day before the NFH, they are not eligible for NFH wages. If 10 or more persons act together in mass absenteeism, it also falls under this situation.
In your case, if you have already issued show cause notices to employees for their absenteeism and they still have not returned to work, FH wages do not need to be paid.
Best regards,
M. Venkatraghavan
From India, Selam
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In your case, if you have already issued show cause notices to employees for their absenteeism and they still have not returned to work, FH wages do not need to be paid.
Best regards,
M. Venkatraghavan
From India, Selam
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Almost more than 10 people remained absent or took leave for the month of August 14. Firstly, it is not clear whether they applied for leave or not. Secondly, if the employees applied for leave, has the head of the institution, in this case, the appropriate authority, sanctioned the leave with prefix and suffix holidays? Thirdly, in cases where the leave has not been sanctioned and the employees joined at a later date, what was the reason for taking leave at their own interest without the appropriate authorities' approval?
In case you would like to sanction leave without pay, the reason may contradict the genuine leave taken by the employee, and the employer may not be interested in considering the leave taken as appropriate. Furthermore, this is a case of regularization with valid reasons. Also, please establish whether all the employees are relatives and have taken leave for a particular or specific reason, such as a family function or village event. This requires consideration within the leave rules, and only then can the question of action be addressed.
However, from your words, it seems the authorities are genuinely interested in regularizing the leave with salary, as you have only inquired about festival/government holidays. Thus, without any suffix or prefix in between, you should regularize accordingly.
From India, Arcot
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In case you would like to sanction leave without pay, the reason may contradict the genuine leave taken by the employee, and the employer may not be interested in considering the leave taken as appropriate. Furthermore, this is a case of regularization with valid reasons. Also, please establish whether all the employees are relatives and have taken leave for a particular or specific reason, such as a family function or village event. This requires consideration within the leave rules, and only then can the question of action be addressed.
However, from your words, it seems the authorities are genuinely interested in regularizing the leave with salary, as you have only inquired about festival/government holidays. Thus, without any suffix or prefix in between, you should regularize accordingly.
From India, Arcot
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National Holiday Applicability to Factories
Does the National Holiday apply to factories registered under the Factories Act? Kindly share your views on the same, as I am puzzled by the lack of clarity in the Factories Act.
Warm Regards,
Azim
From India, Mumbai
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Does the National Holiday apply to factories registered under the Factories Act? Kindly share your views on the same, as I am puzzled by the lack of clarity in the Factories Act.
Warm Regards,
Azim
From India, Mumbai
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We need not make a payment for 15th Aug as we do not know whether this employee will return to work or not. To keep it simpler, let's establish a rule that any unauthorized leave for more than 10 days will be considered as the employee leaving the services. Although we cannot remove them from the roster, we can still enforce discipline among such employees.
If you are still unclear, please feel free to reach out.
Regards
From India, Coimbatore
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If you are still unclear, please feel free to reach out.
Regards
From India, Coimbatore
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As you have mentioned that more than 10 employees have been absent for the entire month of August continuously without any sanctioned leave, according to general consensus, they are not entitled or eligible for Festival Leave, whether it is a National Festival or otherwise. You may refer to the state rules for clarification.
Regards,
M.K. Chaubey
From India, Delhi
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Regards,
M.K. Chaubey
From India, Delhi
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Dear Sir/Madam, I have been working in the textile industry as an HR asset. Now, I have some doubts about my situation. In August 2014, more than 10 employees in my company did not come to work for the whole month. My question is, should I give national/festival holiday benefits to those employees as well? Could any senior provide a conclusion to my doubt?
Maybe the company has already decided on all terms and conditions, including holiday benefits, at the time of the interview. The company HR head or the company rules and offer letter usually mention details such as salary, yearly holidays, and national festivals. Since you mentioned that you joined as an HR asset, you should also be eligible for all holidays after your probation period.
Thank you.
From India, Indore
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Maybe the company has already decided on all terms and conditions, including holiday benefits, at the time of the interview. The company HR head or the company rules and offer letter usually mention details such as salary, yearly holidays, and national festivals. Since you mentioned that you joined as an HR asset, you should also be eligible for all holidays after your probation period.
Thank you.
From India, Indore
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National and Festival Holidays for Shops and Establishments
First of all, I'm informing you that National Holidays such as 23rd Jan, 26th Jan, 1st May, 15th Aug, and 2nd Oct are applicable for all Shops and Establishments. Therefore, you are obligated to provide holidays to your workers or employees. Festival holidays depend on your company's policies.
Regards
From India, Kolkata
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First of all, I'm informing you that National Holidays such as 23rd Jan, 26th Jan, 1st May, 15th Aug, and 2nd Oct are applicable for all Shops and Establishments. Therefore, you are obligated to provide holidays to your workers or employees. Festival holidays depend on your company's policies.
Regards
From India, Kolkata
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Dear Sir,
I have been working in the service industry as an HR professional. Now, I have some doubts about the following situation: in January 2018, my company had one or more employees who were on a 15-day leave. Should I provide national/festival holiday benefits to those employees as well? I would greatly appreciate it if any senior could provide a conclusion to my doubt.
Thank you.
From India, Bengaluru
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I have been working in the service industry as an HR professional. Now, I have some doubts about the following situation: in January 2018, my company had one or more employees who were on a 15-day leave. Should I provide national/festival holiday benefits to those employees as well? I would greatly appreciate it if any senior could provide a conclusion to my doubt.
Thank you.
From India, Bengaluru
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Dear P.K. Sharma, Apex Management Consultant,
Dear Azim,
Yes, National and Festival holidays are applicable in factories registered under the Factories Act, or even in those that are unregistered. Could you please provide more details about your confusion?
PK Sharma.
We are registered under the Factories Act Maharashtra Rules; however, the rules do not stipulate anything about the National and Festival Holidays Act, 1958.
Kindly share your views.
Thank you.
From India, Mumbai
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Dear Azim,
Yes, National and Festival holidays are applicable in factories registered under the Factories Act, or even in those that are unregistered. Could you please provide more details about your confusion?
PK Sharma.
We are registered under the Factories Act Maharashtra Rules; however, the rules do not stipulate anything about the National and Festival Holidays Act, 1958.
Kindly share your views.
Thank you.
From India, Mumbai
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Dear Vasant Your employees have been given authorised leave and hence they are eligible for NFH wages in January 2018
From India, Selam
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From India, Selam
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The Tamil Nadu Industrial Establishments (National And Festival Holidays) Amendment Act, 2017.pdf
Form V.xls National and Festival Holidays.xls