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Dear sir,

With reference to the subject matter, I want to confirm if any employer (manufacturing) is working on 1st May, is it illegal. Can the government take any legal action against the employer? Please confirm.

Also, can we show a DOJ of an employee on 1st May.

Regards,
Arpita

From India, Delhi
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Hi Arpita,

Greetings!

You can refer to the holiday notification of your respective state for confirmation. For example, in Gujarat, the state holiday notification states that no leave is granted by the Gujarat government for May 1, 2019, Labor Day, so there is no need to give leave to employees on May 1, 2019. Please refer to the leave notification of your state.

Thank you.

From India, Pune
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Dear Arpita,

National and Festival Holidays in Industrial Establishments

Republic Day, May Day, Independence Day, and Gandhi Jayanti are national holidays. If you have a separate State Enactment regarding national and festival holidays applicable to industrial establishments, and a specific day is designated therein as a holiday, you are required to provide that holiday to the employees in your establishment. If employees are needed to work on such a holiday, they must be given the choice of receiving double wages for the day or taking an alternative holiday within three days before or after the holiday.

It is not against the law to keep the establishment operational on national or festival holidays. Any day on which the establishment operates can be considered a joining date for its employees if the situation demands.

Thank you.

From India, Salem
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