I am working in the HR department of an IT company in Kolkata. I have to prepare the Holiday list for 2014 and submit it to the Management by the first week of November. We have 14 holidays in a calendar year in our organization. While preparing the Holiday list for 2014, I noticed that Republic Day, a National Holiday, falls on a Sunday. I am wondering if to maintain the number of holidays, can I include another public holiday (Janmashtami, Saraswati Puja, or Shivratri) instead of Republic Day? Or is it mandatory to include Republic Day even though it falls on a Sunday?
Here, I believe the question of employee benefits also arises. I really need advice. Please help.
From India, Mumbai
Here, I believe the question of employee benefits also arises. I really need advice. Please help.
From India, Mumbai
Company Discretion on Paid Holidays
The number of paid holidays to be given is at the company's discretion (other than National Holidays). If any National Holiday falls on a weekly off, whether to provide an alternate day off is also at the company's discretion.
In some companies, the number of Annual Holidays/Paid Holidays is specified in Certified Standing Orders. In such cases, the company must maintain the number to compensate for any holiday that falls on a weekly off.
From India, Pune
The number of paid holidays to be given is at the company's discretion (other than National Holidays). If any National Holiday falls on a weekly off, whether to provide an alternate day off is also at the company's discretion.
In some companies, the number of Annual Holidays/Paid Holidays is specified in Certified Standing Orders. In such cases, the company must maintain the number to compensate for any holiday that falls on a weekly off.
From India, Pune
Including Republic Day in the Holiday List
While preparing the list of holidays, you can show Republic Day as a holiday even though it falls on a Sunday, as it is a National Holiday. However, you can declare any other festival day as a holiday as long as the total number of public holidays, other than weekly offs, does not exceed the permissible limit of 14 public holidays.
Regards,
B. Saikumar
HR & Labour Law Advisor
From India, Mumbai
While preparing the list of holidays, you can show Republic Day as a holiday even though it falls on a Sunday, as it is a National Holiday. However, you can declare any other festival day as a holiday as long as the total number of public holidays, other than weekly offs, does not exceed the permissible limit of 14 public holidays.
Regards,
B. Saikumar
HR & Labour Law Advisor
From India, Mumbai
It is advised to show the National Holiday in the holiday list. As others have also mentioned, it is at your discretion to add any other holidays. In 2014, your holiday list will have one additional holiday.
Regards,
Chakradhar Reddy.
From India, Hyderabad
Regards,
Chakradhar Reddy.
From India, Hyderabad
National and Festival Holidays Act of West Bengal
Check the National and Festival Holidays Act of West Bengal, if any. If it states that if a national holiday falls on a Sunday, another festival holiday shall be allowed additionally, then it shall be given. If not, it is the company's policy.
Regards,
Varghese Mathew
[Phone Number Removed For Privacy Reasons]
From India, Thiruvananthapuram
Check the National and Festival Holidays Act of West Bengal, if any. If it states that if a national holiday falls on a Sunday, another festival holiday shall be allowed additionally, then it shall be given. If not, it is the company's policy.
Regards,
Varghese Mathew
[Phone Number Removed For Privacy Reasons]
From India, Thiruvananthapuram
As per the WB S&E Act, you have to extend 5 National Holidays, including Netaji Subhas Chandra's Birthday (23rd January). Please check if it has been incorporated into your list of National Holidays. If not, you can include it in your National Festival Holidays list. Otherwise, you can include any festival holiday to maintain the number.
Thanks,
Regards,
Sandip
UCSPL - Labour Law Consultant
Kolkata
[Phone Number Removed For Privacy Reasons]
From India, Calcutta
Thanks,
Regards,
Sandip
UCSPL - Labour Law Consultant
Kolkata
[Phone Number Removed For Privacy Reasons]
From India, Calcutta
National Holiday Considerations for IT Companies
This must be examined in the context of an employee working on a particular National Holiday that falls on a Sunday or a weekly off. Generally, there is no overtime practice in IT companies. The National and Festival Holidays Act specifies the payment of extra wages if an employee is called to work on any National and Festival Holiday.
If a National Holiday falls on a Sunday, and an organization decides to declare another holiday, such as a festival, they can do so, and it is an extra benefit. However, if an employee is called to work on the Sunday on which the National Holiday falls, then the employee is eligible for extra wages. Generally, these issues are common in manufacturing and service sectors where extra wages are a common issue. IT industries, in general, avoid overtime.
It is better to stick to the legal position rather than granting an extra holiday. Already, 14 days of holiday is on the higher side.
From India, Chennai
This must be examined in the context of an employee working on a particular National Holiday that falls on a Sunday or a weekly off. Generally, there is no overtime practice in IT companies. The National and Festival Holidays Act specifies the payment of extra wages if an employee is called to work on any National and Festival Holiday.
If a National Holiday falls on a Sunday, and an organization decides to declare another holiday, such as a festival, they can do so, and it is an extra benefit. However, if an employee is called to work on the Sunday on which the National Holiday falls, then the employee is eligible for extra wages. Generally, these issues are common in manufacturing and service sectors where extra wages are a common issue. IT industries, in general, avoid overtime.
It is better to stick to the legal position rather than granting an extra holiday. Already, 14 days of holiday is on the higher side.
From India, Chennai
Though January 26 falls on a Sunday, as it is a National Holiday, it must be included in the Holiday list. However, you can discuss with your management to add one more festival day as a holiday.
Regards,
V Chithranath
From India, Madras
Regards,
V Chithranath
From India, Madras
Thank you all. I have discussed it with my management, convinced them, and prepared the final list. It is true that we don't have the practice of overtime. So we have placed Republic Day on our list and marked it as Sunday. Instead of taking that day off, we have declared to take an extra day off from the optional holidays (which are usually 2 out of 5/6 holidays in a calendar year) or a comp day off during the year. The management and the team are quite happy with the list, and the Board of Directors has approved it.
Thanks again!
From India, Mumbai
Thanks again!
From India, Mumbai
National Holiday even if it falls on Sunday it has to be shown as a declared holiday. It is advisable to include.
From India, Bangalore
From India, Bangalore
Dear seniors,
I am working in the garment industry in Tamil Nadu. Here, we have OT practices, and as I read, we can choose festival holidays and national holidays, but we cannot change them. So, now, what do I have to do if a national holiday falls on a Sunday? Here, we have employees who are paid weekly wages. Should I give wages for the Sunday, or what should I do...
Looking forward...!!!
Thanks & Regards, Naveen Raju
From India, Tiruppur
I am working in the garment industry in Tamil Nadu. Here, we have OT practices, and as I read, we can choose festival holidays and national holidays, but we cannot change them. So, now, what do I have to do if a national holiday falls on a Sunday? Here, we have employees who are paid weekly wages. Should I give wages for the Sunday, or what should I do...
Looking forward...!!!
Thanks & Regards, Naveen Raju
From India, Tiruppur
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