hi! i just want to know that any employee is unable to attend meeting on national hoiday then may employer send any showcause letter to him/her? please guide
From India, Haora
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1From India, Haora
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Yes, you cannot issue any letter regarding this. It was a national holiday, and no one can force any employee to work on that day unless you have legal permission from your nearest police station.
From India, Delhi
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From India, Delhi
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Hey all, I want to remind you why it is called NATIONAL HOLIDAYS and what it means. No one can overrule this, and it must be followed strictly. No employee can be called upon to work on a National Holiday.
However, if engaging workers on a holiday is essential, you can do so provided you give them overtime payment and a compensatory holiday.
Since managers are not considered workmen under any labor law, they can work on holidays without receiving overtime pay or compensatory holidays. They are seen as representatives of the owners or employers.
As per sec. 5 of the National & Festival Holidays Act:
(2) Where an employee works on any holiday allowed under [section 3 or 3A], he shall, at his option, be entitled to —
1. Substituted by Act 28 of 1997 w.e.f. 30.9.1997
(a) twice the wages; or
(b) wages for that day and to take a substituted holiday with wages on any other day.
Moreover, the judgment of the Honb'le SC on the SIAL case declared that the employer has the right to engage workmen during National Holidays.
From India, Gurgaon
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However, if engaging workers on a holiday is essential, you can do so provided you give them overtime payment and a compensatory holiday.
Since managers are not considered workmen under any labor law, they can work on holidays without receiving overtime pay or compensatory holidays. They are seen as representatives of the owners or employers.
As per sec. 5 of the National & Festival Holidays Act:
(2) Where an employee works on any holiday allowed under [section 3 or 3A], he shall, at his option, be entitled to —
1. Substituted by Act 28 of 1997 w.e.f. 30.9.1997
(a) twice the wages; or
(b) wages for that day and to take a substituted holiday with wages on any other day.
Moreover, the judgment of the Honb'le SC on the SIAL case declared that the employer has the right to engage workmen during National Holidays.
From India, Gurgaon
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The National Capital Territory Of Delhi Holiday List 2018.pdf
Employee attendance tracker1.xls
Employee Monthly Attendance.zip