Dear Expert,
I hope this message finds you well. I have a question regarding the company's policy on holidays and leave. On October 2nd (a national holiday), the company operated despite it being a designated holiday. However, on the same date, a few employees took leave.
In such a situation, could you kindly clarify whether the day should be considered a holiday or as Leave Without Pay (LOP), according to policies?
Note: According to our policies, employees providing holiday support will receive one day's salary and an alternative day off.
Your guidance on this matter would be greatly appreciated.
Warm Regards,
Kani Krishnan
From India, Vellore
Acknowledge(0)
Amend(0)
I hope this message finds you well. I have a question regarding the company's policy on holidays and leave. On October 2nd (a national holiday), the company operated despite it being a designated holiday. However, on the same date, a few employees took leave.
In such a situation, could you kindly clarify whether the day should be considered a holiday or as Leave Without Pay (LOP), according to policies?
Note: According to our policies, employees providing holiday support will receive one day's salary and an alternative day off.
Your guidance on this matter would be greatly appreciated.
Warm Regards,
Kani Krishnan
From India, Vellore
Acknowledge(0)Amend(0)
Hi, If your company declared 2nd Oct 2023 as a holiday (as per your NH/FH holiday list), then it is a national holiday, and you cannot expect employees to come and work. You cannot treat it as leave without pay in those cases. For employees who supported, compensatory off can be given.
From India, Madras
Acknowledge(1)
Amend(0)
1015From India, Madras
Acknowledge(1)Amend(0)
As far as I know, 2nd October every year is a National Holiday throughout the country, and no employer has the option to change this. This is also true for 26th January, 1st May, and 15th August. Festival holidays are only optional and will differ according to the place.
Now coming to your query:
A) Those who did not appear for work on the National Holiday, if they were not required by the employer through Form V-A, are eligible for wages/salary.
B) Those who attended work on the National Holiday as per the requirement of the employer through Form V-A have the option to choose (I) another holiday with wages/salary OR another wage/salary for the day worked.
In other words, choosing either of the two aforementioned options is the employee's choice; the employer cannot decide or dictate.
One more piece of information: if the employee did not attend work even after being called or required as per Form V under the Act, they will not be eligible for wages/salary. Refer to the Judgment Management vs workmen of Madura Coats Limited, Madurai.
From India, Chennai
Acknowledge(1)
Amend(0)
Now coming to your query:
A) Those who did not appear for work on the National Holiday, if they were not required by the employer through Form V-A, are eligible for wages/salary.
B) Those who attended work on the National Holiday as per the requirement of the employer through Form V-A have the option to choose (I) another holiday with wages/salary OR another wage/salary for the day worked.
In other words, choosing either of the two aforementioned options is the employee's choice; the employer cannot decide or dictate.
One more piece of information: if the employee did not attend work even after being called or required as per Form V under the Act, they will not be eligible for wages/salary. Refer to the Judgment Management vs workmen of Madura Coats Limited, Madurai.
From India, Chennai
Acknowledge(1)Amend(0)
National Holidays and Employee Compensation
National holidays are paid holidays for the entire country. Employees or workmen receive payment or benefits according to the rules set by state or national authorities. Employees who are required to work on national holidays are entitled to payment at double the rate or a leave in lieu, as prescribed by the rules. In the case of absence on a holiday, it is treated as a presence, and single wages are provided, provided the eligibility norms are met.
From India, Mumbai
Acknowledge(0)Amend(0)
National holidays are paid holidays for the entire country. Employees or workmen receive payment or benefits according to the rules set by state or national authorities. Employees who are required to work on national holidays are entitled to payment at double the rate or a leave in lieu, as prescribed by the rules. In the case of absence on a holiday, it is treated as a presence, and single wages are provided, provided the eligibility norms are met.
From India, Mumbai
Acknowledge(0)Amend(0)CiteHR is an AI-augmented HR knowledge and collaboration platform, enabling HR professionals to solve real-world challenges, validate decisions, and stay ahead through collective intelligence and machine-enhanced guidance. Join Our Platform.
Why did this talented employee leave.doc
NATIONAL AND FESTIVAL LEAVE 2008.pdf