Dear Friends,
If an employee works on a National Holiday (e.g., 26th Jan), what is he eligible for in terms of wages below? Let's assume his daily average wage is Rs. 200/-.
a) Two times his Average Wages, i.e., one normal paid wage + one additional wage, totaling Rs. 400/-
b) Triple Wages of his Average Wages, i.e., One Normal paid wage + 2 wages for his actual work (similar to overtime concept), totaling Rs. 600/-
I am seeking your kind reply on the above query as I am unable to find clear directions in the books. Kindly attach any captures from legal books if available.
Regards, Janarthanan V
8294630594
jana2armd@gmail.com
From India, Madras
Acknowledge(0)
Amend(0)
5If an employee works on a National Holiday (e.g., 26th Jan), what is he eligible for in terms of wages below? Let's assume his daily average wage is Rs. 200/-.
a) Two times his Average Wages, i.e., one normal paid wage + one additional wage, totaling Rs. 400/-
b) Triple Wages of his Average Wages, i.e., One Normal paid wage + 2 wages for his actual work (similar to overtime concept), totaling Rs. 600/-
I am seeking your kind reply on the above query as I am unable to find clear directions in the books. Kindly attach any captures from legal books if available.
Regards, Janarthanan V
8294630594
jana2armd@gmail.com
From India, Madras
Acknowledge(0)Amend(0)
Dear Mr. Janarthanan,
I believe you are referring to an industrial establishment situated in Tamil Nadu. In that case, the Tamil Nadu (Industrial Establishments) National and Festival Holidays Act would apply for the grant of the national/festival holiday and for deciding the quantum of wages payable in case a worker is required to work on a national/festival holiday. Section 5(1)(b) of this Act indicates the wages to be paid if a worker works on a national/festival holiday. If he is allowed a holiday in lieu of working on a national or festival holiday, then he is entitled to only a single wage for working on a national/festival holiday. In case he does not opt to avail a holiday for working on a national/festival holiday, then he is entitled to twice the wages, which is 1 + 1 = 2 for working on a national/festival holiday. The term "twice the wages" occurring in section 5(1)(b) means wages for the day and another wage as extra payment for working on the national/festival holiday.
With regards,
From India, Madras
Acknowledge(1)Amend(0)
I believe you are referring to an industrial establishment situated in Tamil Nadu. In that case, the Tamil Nadu (Industrial Establishments) National and Festival Holidays Act would apply for the grant of the national/festival holiday and for deciding the quantum of wages payable in case a worker is required to work on a national/festival holiday. Section 5(1)(b) of this Act indicates the wages to be paid if a worker works on a national/festival holiday. If he is allowed a holiday in lieu of working on a national or festival holiday, then he is entitled to only a single wage for working on a national/festival holiday. In case he does not opt to avail a holiday for working on a national/festival holiday, then he is entitled to twice the wages, which is 1 + 1 = 2 for working on a national/festival holiday. The term "twice the wages" occurring in section 5(1)(b) means wages for the day and another wage as extra payment for working on the national/festival holiday.
With regards,
From India, Madras
Acknowledge(1)Amend(0)
Dear Mr. V. Harikrishnan,
Thank you for your prompt reply. However, I referred to the Model Standing Order, which states that to be eligible for thrice wages, i.e., 1 normal paid wage and 2 wages (in OT view).
I am looking forward to your kind response.
Thanks and Regards,
V. Janarthanan
From India, Madras
Acknowledge(0)Amend(0)
0
0
Thank you for your prompt reply. However, I referred to the Model Standing Order, which states that to be eligible for thrice wages, i.e., 1 normal paid wage and 2 wages (in OT view).
I am looking forward to your kind response.
Thanks and Regards,
V. Janarthanan
From India, Madras
Acknowledge(0)Amend(0)CiteHR.AI
(Fact Checked)-[response] (1 Acknowledge point)
0
0
Hi, 93 views, but no reply from except Mr. V.Harikrishnan. Please add your reply in this. Jana
From India, Madras
Acknowledge(0)Amend(0)
From India, Madras
Acknowledge(0)Amend(0)
Kindly properly check it, only double the wages will be provide, or are you mentioning that festival holidays falls on sunday?
From India, Madras
Acknowledge(0)Amend(0)
From India, Madras
Acknowledge(0)Amend(0)
Dear Mr.Janarthanan Can you please indicate the specific clause in the model standing orders referred to in your post. With regards V.HARIKRISHNAN
From India, Madras
Acknowledge(1)
Amend(0)
From India, Madras
Acknowledge(1)Amend(0)
Dear Janarthanan,
This query has already been clearly answered by Mr. Hariharan. Hence, this query does not require any further replies. If you are not going to give any compensatory off (C/Off), then you have to pay the regular 1-day wages plus double overtime for the number of hours he worked. If you are granting him 1 day C/Off, then you only need to pay double overtime.
I hope you understand the concept. You cannot create any additional rules in your Model Standing Orders against the Act.
From India, Kumbakonam
Acknowledge(0)Amend(0)
This query has already been clearly answered by Mr. Hariharan. Hence, this query does not require any further replies. If you are not going to give any compensatory off (C/Off), then you have to pay the regular 1-day wages plus double overtime for the number of hours he worked. If you are granting him 1 day C/Off, then you only need to pay double overtime.
I hope you understand the concept. You cannot create any additional rules in your Model Standing Orders against the Act.
From India, Kumbakonam
Acknowledge(0)Amend(0)
Dear boss2966,
You are again twisting Mr. Hari's concept. Please read carefully that he is stating one regular wage and one day of extra wages. However, you are stating three wages.
I am not clarifying as I didn't find clear details from law books. Please revert back to my question.
Jana
From India, Madras
Acknowledge(0)Amend(0)
You are again twisting Mr. Hari's concept. Please read carefully that he is stating one regular wage and one day of extra wages. However, you are stating three wages.
I am not clarifying as I didn't find clear details from law books. Please revert back to my question.
Jana
From India, Madras
Acknowledge(0)Amend(0)
Dear Jana,
If you engage any workmen on the Weekly off, you can compensate with C/Off and pay regular wages, or you have to pay overtime for the work he has done (Normally overtime is double the rate of wages). As you seek clarification here, you have to pay him the Paid Holiday wages + Overtime Wages for the hours he worked. Hence, if any person works on Deepavali day, he must be paid with Present for 1 day (Whether he works on that day or not), and if he works for 8 hours, he will be getting overtime wages (Double OT Rate of Wages). Hence, it will become thrice the wage rate.
Hope you have understood the concept of Paid Holiday Wages and the Overtime procedure.
From India, Kumbakonam
Acknowledge(0)Amend(0)
If you engage any workmen on the Weekly off, you can compensate with C/Off and pay regular wages, or you have to pay overtime for the work he has done (Normally overtime is double the rate of wages). As you seek clarification here, you have to pay him the Paid Holiday wages + Overtime Wages for the hours he worked. Hence, if any person works on Deepavali day, he must be paid with Present for 1 day (Whether he works on that day or not), and if he works for 8 hours, he will be getting overtime wages (Double OT Rate of Wages). Hence, it will become thrice the wage rate.
Hope you have understood the concept of Paid Holiday Wages and the Overtime procedure.
From India, Kumbakonam
Acknowledge(0)Amend(0)
Dear Mr.Janarthanan
As the views expressed by me and the views of Mr.Bhaskar in this thread are at variance I feel that I need to place my views in the proper perspective.
A. The following laws relating to labour regulate the working conditions of workmen/employees in India. These laws have all India applicability.
1. Beedi and Cigar Workers(Conditions of Employment)Act 1966.
2. Building and Other Construction Workers (Regulation of Employment and Conditions of Service)Act 1996.
3. Cine Workers and Cinema Theatre Workers (Regulation of Employment) Act 1981.
4. Dock Workers (Regulation of Employment) Act 1948.
5. Factories Act1948
6. Inter State Migrant Workmen (Regulation of Employment and Conditions of Service) Act 1979.
7. Mines Act 1952.
8. Motor Transport Workers Act 1961
9. Plantation Labour Act 1951.
10. Sales Promotion Employees(Conditions of Service) Act 1976
11. Weekly Holidays Act 1942.
12. Working Journalists (Conditions of Service and Miscellaneous Provisions)Act 1955.
B. Apart from the above legislations having all India applicability, which regulate the working conditions of workmen/employees employed in different sectors of employment, almost each State in India have passed legislation to regulate the working conditions of workmen/employees employed in Shops, Establishments and Commercial Establishments. These Acts, are applicable only in the particular State which had enacted that law.
C. The legislations listed in paragraph A above do not provide for the grant of national/festival holidays and there is no law having all India applicability which requires an employer to grant national/festival holidays to his employees. Some of the States might have amended the laws enumerated in paragraph A to incorporate the grant of national and festival holidays. Such amendments will have force only within the States carrying out those amendments. Some of the laws passed by individual States to regulate the working conditions of employees employed in Shops and Establishments may provide for the grant of national/festival holidays to those employees. Some States like the State of Tamilnadu have passed separate legislations requiring the employer to grant national/festival holidays to his employees. In Tamilnadu, the Tamilnadu (Industrial Establishments) National and Festival Holidays Act requires an employer of an industrial establishment to grant in a year four national holidays and five festival holidays to his employees. This Act defines the term “industrial establishment” and all industrial establishment situate in Tamilnadu which come within that definition are covered by the provisions of this Act and the workmen/employees as defined in that Act and who are employed in such “industrial establishments” are entitled to four national holidays with wages and five festival holidays with wages in a year. The Tamilnadu Act referred to in this paragraph also gives power to the employer to require an employee to work on a national/festival holiday. This Act also prescribes the rate of wages to be paid to the employee who is required to work on a national/festival holiday. According to this Act if an employee is required to work on a national/festival holiday he has to be given wages for that day and a holiday with wages on a day within three days prior to the national/festival holiday or within three days subsequent to the national/festival holiday. In the alternative the employee who is required to work on a national or festival holiday could be granted “twice the wages”. The choice is that of the employee and not that of the employer. This Act is specifically silent as to the entitlement of a national/festival holiday if the national/festival holiday falls on a weekly holiday. The presumption is that if a national/festival holiday falls on a weekly holiday the worker is not entitled to any other additional benefit.
D. Now, coming to your example of the national holiday on 26th January 2012,I assume for the purposes of this discussion that the “industrial establishment” referred to by you is a factory as defined under the Factories Act and is situated in Tamilnadu. This day is a Thursday. If 26th January 2012 happens to be a weekly off day for the worker then he gets no benefit of the Tamilnadu Act. If it is a working day for the worker, then he can avail the national holiday on that day. If he is required to work on 26th January 2012, then the options to the worker in Tamilnadu are (i) he could claim to be paid for 26-1-2012 twice the wages(1+1 =2) or (ii) In the alternative he has to be given a holiday with wages either on 23rd January or 24th January or 25th January or 27th January or 28th January or 29th January.
E. The next question is whether any overtime is involved if this worker is required to work on 26th January. I again assume for the purpose of this discussion that the daily hours of work for the worker in the example who is assumed to work in a factory is 8 hours per day. Therefore the weekly hours of work would be 48 hours per week. According to the Factories Act(I have assumed for the purposes of this discussion that the worker is employed in a factory in Tamilnadu) the worker is entitled to get overtime if he works for more than 9 hours in a day or for more than 48 hours in a week.
F. Now please consider the example. If the weekly holiday for the worker falls on 26th January 2012 and if he is not required to work on 26th January 2012 then there are no issues. For the purpose of this discussion I have assumed that the weekly off of the worker falls on Wednesday. If the worker is required to work on 26-1-2012 according to the Tamilnadu Act he should be given twice the wages for working on 26-1-2012 or he should be give a holiday with wages on any one of the three days following or preceding 26-1-2012. The following table indicates the hours he would have worked in each day and during the whole week if the worker is required to work on 26-1-2012 and is given a holiday with wages on 24-1-2012 in lieu of the work on 26-1-2012.
Day Date Hours Worked
Sunday 22-1-2012 8
Monday 23-1-2012 8
Tuesday 24-1-2012(Holiday in lieu of work on 26-1-2012) 0
Wednesday Weekly off 0
Thursday 26-2-2012 (Required to work by the employer) 8
Friday 27-1-2012 8
Saturday 28-1-2012 8
Total hours worked for the week 40
The worker had not worked for more than 48 hours in the week and he has not worked for more than 8 hours in any day and is therefore not entitled for any overtime. In case the worker is given twice the wages for working on 26-1-2012 then the hours he would have worked during each day and during the week will be as indicated in the following table.
Day Date Hours worked
Sunday 22-1-2012 8
Monday 23-1-2012 8
Tuesday 24-1-2012 8
Wednesday 25-1-2012 (Weekly off) 0
Thursday 26-1-2012 (Required to work on
this National Holiday) 8
Friday 27-1-2012 8
Saturday 28-1-2012 8
Total hours worked during the week. 48
In this case also the worker has not worked for more than 8 hours in a day or for more than 48 hours in the week. Therefore he is not entitled for any overtime wages.
G. In Tamilnadu the requirement to pay overtime wages and the rate of overtime wages are governed by the provisions of the law relating to working conditions applicable to the particular “industrial establishment”(either a factory or mine or plantation or shop or commercial establishment) and not by the Tamilnadu (Industrial Establishment) National and Festival Holidays Act or by any other law.
H. In his post Mr.Bhaskar has not indicated the law based on which he had made the statements contained therein.
I. I have clarified the contents of my previous post in this thread in case you have any doubts/reservations regarding its contents.
With regards
From India, Madras
Acknowledge(4)
Amend(0)
0
0
As the views expressed by me and the views of Mr.Bhaskar in this thread are at variance I feel that I need to place my views in the proper perspective.
A. The following laws relating to labour regulate the working conditions of workmen/employees in India. These laws have all India applicability.
1. Beedi and Cigar Workers(Conditions of Employment)Act 1966.
2. Building and Other Construction Workers (Regulation of Employment and Conditions of Service)Act 1996.
3. Cine Workers and Cinema Theatre Workers (Regulation of Employment) Act 1981.
4. Dock Workers (Regulation of Employment) Act 1948.
5. Factories Act1948
6. Inter State Migrant Workmen (Regulation of Employment and Conditions of Service) Act 1979.
7. Mines Act 1952.
8. Motor Transport Workers Act 1961
9. Plantation Labour Act 1951.
10. Sales Promotion Employees(Conditions of Service) Act 1976
11. Weekly Holidays Act 1942.
12. Working Journalists (Conditions of Service and Miscellaneous Provisions)Act 1955.
B. Apart from the above legislations having all India applicability, which regulate the working conditions of workmen/employees employed in different sectors of employment, almost each State in India have passed legislation to regulate the working conditions of workmen/employees employed in Shops, Establishments and Commercial Establishments. These Acts, are applicable only in the particular State which had enacted that law.
C. The legislations listed in paragraph A above do not provide for the grant of national/festival holidays and there is no law having all India applicability which requires an employer to grant national/festival holidays to his employees. Some of the States might have amended the laws enumerated in paragraph A to incorporate the grant of national and festival holidays. Such amendments will have force only within the States carrying out those amendments. Some of the laws passed by individual States to regulate the working conditions of employees employed in Shops and Establishments may provide for the grant of national/festival holidays to those employees. Some States like the State of Tamilnadu have passed separate legislations requiring the employer to grant national/festival holidays to his employees. In Tamilnadu, the Tamilnadu (Industrial Establishments) National and Festival Holidays Act requires an employer of an industrial establishment to grant in a year four national holidays and five festival holidays to his employees. This Act defines the term “industrial establishment” and all industrial establishment situate in Tamilnadu which come within that definition are covered by the provisions of this Act and the workmen/employees as defined in that Act and who are employed in such “industrial establishments” are entitled to four national holidays with wages and five festival holidays with wages in a year. The Tamilnadu Act referred to in this paragraph also gives power to the employer to require an employee to work on a national/festival holiday. This Act also prescribes the rate of wages to be paid to the employee who is required to work on a national/festival holiday. According to this Act if an employee is required to work on a national/festival holiday he has to be given wages for that day and a holiday with wages on a day within three days prior to the national/festival holiday or within three days subsequent to the national/festival holiday. In the alternative the employee who is required to work on a national or festival holiday could be granted “twice the wages”. The choice is that of the employee and not that of the employer. This Act is specifically silent as to the entitlement of a national/festival holiday if the national/festival holiday falls on a weekly holiday. The presumption is that if a national/festival holiday falls on a weekly holiday the worker is not entitled to any other additional benefit.
D. Now, coming to your example of the national holiday on 26th January 2012,I assume for the purposes of this discussion that the “industrial establishment” referred to by you is a factory as defined under the Factories Act and is situated in Tamilnadu. This day is a Thursday. If 26th January 2012 happens to be a weekly off day for the worker then he gets no benefit of the Tamilnadu Act. If it is a working day for the worker, then he can avail the national holiday on that day. If he is required to work on 26th January 2012, then the options to the worker in Tamilnadu are (i) he could claim to be paid for 26-1-2012 twice the wages(1+1 =2) or (ii) In the alternative he has to be given a holiday with wages either on 23rd January or 24th January or 25th January or 27th January or 28th January or 29th January.
E. The next question is whether any overtime is involved if this worker is required to work on 26th January. I again assume for the purpose of this discussion that the daily hours of work for the worker in the example who is assumed to work in a factory is 8 hours per day. Therefore the weekly hours of work would be 48 hours per week. According to the Factories Act(I have assumed for the purposes of this discussion that the worker is employed in a factory in Tamilnadu) the worker is entitled to get overtime if he works for more than 9 hours in a day or for more than 48 hours in a week.
F. Now please consider the example. If the weekly holiday for the worker falls on 26th January 2012 and if he is not required to work on 26th January 2012 then there are no issues. For the purpose of this discussion I have assumed that the weekly off of the worker falls on Wednesday. If the worker is required to work on 26-1-2012 according to the Tamilnadu Act he should be given twice the wages for working on 26-1-2012 or he should be give a holiday with wages on any one of the three days following or preceding 26-1-2012. The following table indicates the hours he would have worked in each day and during the whole week if the worker is required to work on 26-1-2012 and is given a holiday with wages on 24-1-2012 in lieu of the work on 26-1-2012.
Day Date Hours Worked
Sunday 22-1-2012 8
Monday 23-1-2012 8
Tuesday 24-1-2012(Holiday in lieu of work on 26-1-2012) 0
Wednesday Weekly off 0
Thursday 26-2-2012 (Required to work by the employer) 8
Friday 27-1-2012 8
Saturday 28-1-2012 8
Total hours worked for the week 40
The worker had not worked for more than 48 hours in the week and he has not worked for more than 8 hours in any day and is therefore not entitled for any overtime. In case the worker is given twice the wages for working on 26-1-2012 then the hours he would have worked during each day and during the week will be as indicated in the following table.
Day Date Hours worked
Sunday 22-1-2012 8
Monday 23-1-2012 8
Tuesday 24-1-2012 8
Wednesday 25-1-2012 (Weekly off) 0
Thursday 26-1-2012 (Required to work on
this National Holiday) 8
Friday 27-1-2012 8
Saturday 28-1-2012 8
Total hours worked during the week. 48
In this case also the worker has not worked for more than 8 hours in a day or for more than 48 hours in the week. Therefore he is not entitled for any overtime wages.
G. In Tamilnadu the requirement to pay overtime wages and the rate of overtime wages are governed by the provisions of the law relating to working conditions applicable to the particular “industrial establishment”(either a factory or mine or plantation or shop or commercial establishment) and not by the Tamilnadu (Industrial Establishment) National and Festival Holidays Act or by any other law.
H. In his post Mr.Bhaskar has not indicated the law based on which he had made the statements contained therein.
I. I have clarified the contents of my previous post in this thread in case you have any doubts/reservations regarding its contents.
With regards
From India, Madras
Acknowledge(4)Amend(0)CiteHR.AI
(Fact Checked)-[response] (1 Acknowledge point)
0
0
Thank you, Mr. Harikrishnan, for providing an exhaustive explanation that even a layman can understand. I expect your active participation in this forum so that our members will have a chance to learn more from your knowledge and experience.
Once again, thanks for your valuable reply.
From India, Kumbakonam
Acknowledge(0)Amend(0)
Once again, thanks for your valuable reply.
From India, Kumbakonam
Acknowledge(0)Amend(0)
Dear Mr. V. Harikrishnan,
Thank you for your detailed explanation of my query. I now understand the concepts clearly. I am presently working in Jamshedpur, which comes under the Bihar Factories Act. If you are aware of the National and Festival Holiday rules for this location, please provide that information.
I am looking forward to your kind explanation.
Thank you in advance.
Regards,
V. Janarthanan
Mob. No: 8294630594
From India, Madras
Acknowledge(0)Amend(0)
Thank you for your detailed explanation of my query. I now understand the concepts clearly. I am presently working in Jamshedpur, which comes under the Bihar Factories Act. If you are aware of the National and Festival Holiday rules for this location, please provide that information.
I am looking forward to your kind explanation.
Thank you in advance.
Regards,
V. Janarthanan
Mob. No: 8294630594
From India, Madras
Acknowledge(0)Amend(0)
Dear Mr. Janarthanan,
In Bihar, there is a law called the Bihar Industrial Establishments (National and Festival Holidays and Casual Leave) Act, 1977. This regulates the grant of national and festival holidays in that state. I do not have a copy of this Act, and I am unable to locate it on the internet either. A thorough reading of this Act and the rules framed thereunder is necessary to form a view on the applicability of this law to the establishment in which you are working.
With regards,
V. HARIKRISHNAN
From India, Madras
Acknowledge(0)Amend(0)
In Bihar, there is a law called the Bihar Industrial Establishments (National and Festival Holidays and Casual Leave) Act, 1977. This regulates the grant of national and festival holidays in that state. I do not have a copy of this Act, and I am unable to locate it on the internet either. A thorough reading of this Act and the rules framed thereunder is necessary to form a view on the applicability of this law to the establishment in which you are working.
With regards,
V. HARIKRISHNAN
From India, Madras
Acknowledge(0)Amend(0)
Dear Mr. V. Harikrishnan,
Thank you for your kind response. I have gone through the act but am still unclear. I have reached out to neighboring companies to inquire about the procedures. They have advised me to pay three wages - one normal wage and two wages based on the hours worked on January 26th.
Since my payroll is managed in Chennai, I am unable to proceed without the necessary documents. If you know any influential individuals in your network, could you kindly arrange to obtain the documents and send them to me? Your assistance would be greatly appreciated, sir.
Thank you in advance.
V. Janarthanan
From India, Madras
Acknowledge(0)Amend(0)
Thank you for your kind response. I have gone through the act but am still unclear. I have reached out to neighboring companies to inquire about the procedures. They have advised me to pay three wages - one normal wage and two wages based on the hours worked on January 26th.
Since my payroll is managed in Chennai, I am unable to proceed without the necessary documents. If you know any influential individuals in your network, could you kindly arrange to obtain the documents and send them to me? Your assistance would be greatly appreciated, sir.
Thank you in advance.
V. Janarthanan
From India, Madras
Acknowledge(0)Amend(0)
Dear Mr. Janarthanan,
It is difficult to get a copy of the Bihar Act. If you can send the relevant extract through email (perhaps after scanning), I will probably be able to help you.
With regards,
V. HARIKRISHNAN
From India, Madras
Acknowledge(0)Amend(0)
It is difficult to get a copy of the Bihar Act. If you can send the relevant extract through email (perhaps after scanning), I will probably be able to help you.
With regards,
V. HARIKRISHNAN
From India, Madras
Acknowledge(0)Amend(0)
Dear Sir, Could you able to provide me the national & holidays rules maharashtra? as it is not available in our local market. Kindly expedite. Thanks Soumen
From India, Jalgaon
Acknowledge(0)Amend(0)
From India, Jalgaon
Acknowledge(0)Amend(0)
Dear V. Harikrishnan Sir,
To add to this thread, there are many such companies involved in a continuous working process in BPOs (i.e., essential services). Is there a process to register such companies/departments with the labor inspector? If so, can you please provide a brief explanation?
How does the National and Festival Holiday Act apply to them, and what is the process?
Regards,
Soundar Raj M
From India, Chennai
Acknowledge(0)Amend(0)
To add to this thread, there are many such companies involved in a continuous working process in BPOs (i.e., essential services). Is there a process to register such companies/departments with the labor inspector? If so, can you please provide a brief explanation?
How does the National and Festival Holiday Act apply to them, and what is the process?
Regards,
Soundar Raj M
From India, Chennai
Acknowledge(0)Amend(0)
Dear Mr.V.HARIKRISHNAN,
Can the below reference be taken as reference for industries in states where there are no clear laws / rules to National / Festival Holidays?
INDUSTRIAL EMPLOYMENT (STANDING ORDERS) CENTRAL RULES, 1946
10. Festival holidays and leave.--(a) There shall be seven paid festival holidays or as laid down in an agreement or an award in force. Out of these seven days, the Republic Day, Independence Day and Mahatma Gandhi’s Birthday shall be allowed without option and the rest of the days shall be fixed by agreement or local custom. Whenever a workman has to work on any of these holidays, he shall, at his option be entitled to either thrice the wages for the day or twice the wages for the day on which he work and in addition to avail himself of a substituted holiday with wages on any other day or as laid down in an agreement or an award in force.
Thanks & Regards
Aravindan B
From India, Chennai
Acknowledge(0)Amend(0)
0
0
Can the below reference be taken as reference for industries in states where there are no clear laws / rules to National / Festival Holidays?
INDUSTRIAL EMPLOYMENT (STANDING ORDERS) CENTRAL RULES, 1946
10. Festival holidays and leave.--(a) There shall be seven paid festival holidays or as laid down in an agreement or an award in force. Out of these seven days, the Republic Day, Independence Day and Mahatma Gandhi’s Birthday shall be allowed without option and the rest of the days shall be fixed by agreement or local custom. Whenever a workman has to work on any of these holidays, he shall, at his option be entitled to either thrice the wages for the day or twice the wages for the day on which he work and in addition to avail himself of a substituted holiday with wages on any other day or as laid down in an agreement or an award in force.
Thanks & Regards
Aravindan B
From India, Chennai
Acknowledge(0)Amend(0)CiteHR.AI
(Fact Checked)-The user reply is correct based on the Industrial Employment (Standing Orders) Central Rules, 1946, which states the entitlement for working on festival holidays. No amendment is needed. (1 Acknowledge point)
0
0
my query is different, Holiday like 26th Jan or Mahashivratri, is it a paid holiday, since they work on daily wages.
From India, Thane
Acknowledge(0)Amend(0)
From India, Thane
Acknowledge(0)Amend(0)
On such holidays when the establishment is not working, treat the daily wagers at par with the regular employees and pay them. There should not be any discrimination against the daily wagers. Republic Day, Independence Day, Gandhi Jayanti, as well as the declared company-specific holidays, are compulsory paid holidays for all employees.
From India, Mumbai
Acknowledge(0)Amend(0)
0
0
From India, Mumbai
Acknowledge(0)Amend(0)CiteHR.AI
(Fact Checked)-[B]Response[/B]: The reply is correct. Employees, including daily wagers, should be paid on national holidays as per the law to avoid discrimination. (1 Acknowledge point)
0
0
Gathering data for an AI comment.... Sending emails to relevant members...
Looking for something specific? - Join & Be Part Of Our Community and get connected with the right people who can help. Our AI-powered platform provides real-time fact-checking, peer-reviewed insights, and a vast historical knowledge base to support your search.
The Tamil Nadu Industrial Establishments (National And Festival Holidays) Amendment Act, 2017.pdf
CiteHR.AI
(Fact Checked)-[The user reply provides accurate information regarding the Tamil Nadu (Industrial Establishments) National and Festival Holidays Act and the calculation of wages for working on national/festival holidays. The explanation of single wage for availing holiday in lieu and double wages for working on the holiday is correct.] (1 Acknowledge point)