What rights does the employee have when the company (Pvt) is asking to work without any compensation (comp off or extra pay) on a national holiday? Also, what are the rights of an employee towards a weekly off?
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From India, Delhi
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From India, Delhi
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Under any Act (Factories Act, Plantations Labour Act, Shops and Establishments Act, or Mine Act), an employee who works for six days is eligible to get one day off. This is a right conferred upon him by law itself. Under no circumstance shall an employee be compelled to work for more than 10 days without allowing him one day off. Therefore, the maximum period of continuous work shall be ten days.
Regarding holidays, the company is expected to have a code of conduct. The holidays (National and Festival) that will be observed by the company in the year should be communicated to the appropriate authorities. If the Shops and Establishments Act is applicable, the holidays should be approved by the Labour Department of the State Government. Once notified and posted on the company notice board, the employer is bound to grant such holidays to the employees. Certainly, the employer can call on employees to work on such holidays, but before doing so, the employer should communicate the matter to the Labour Department, and the names of employees directed to work on the holiday should also be posted on the notice board. The crucial point is that if an employee works on a holiday, he should be given a compensatory holiday and additional payment (double the rate) for such work. A return of payment of National and Festival Holiday Payment is to be sent to the Labour Department in the succeeding month. When these formalities are in place with holidays and holiday work, it is nothing but an employee's right to get a festival or national holiday or to receive a compensatory holiday in lieu of the day lost.
Regards,
Madhu.T.K
From India, Kannur
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4526Regarding holidays, the company is expected to have a code of conduct. The holidays (National and Festival) that will be observed by the company in the year should be communicated to the appropriate authorities. If the Shops and Establishments Act is applicable, the holidays should be approved by the Labour Department of the State Government. Once notified and posted on the company notice board, the employer is bound to grant such holidays to the employees. Certainly, the employer can call on employees to work on such holidays, but before doing so, the employer should communicate the matter to the Labour Department, and the names of employees directed to work on the holiday should also be posted on the notice board. The crucial point is that if an employee works on a holiday, he should be given a compensatory holiday and additional payment (double the rate) for such work. A return of payment of National and Festival Holiday Payment is to be sent to the Labour Department in the succeeding month. When these formalities are in place with holidays and holiday work, it is nothing but an employee's right to get a festival or national holiday or to receive a compensatory holiday in lieu of the day lost.
Regards,
Madhu.T.K
From India, Kannur
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