National holidays

hemantnadgauda (Querist) 15 January 2015 This query is : Resolved
The employees working in the establishment registered under the Factories Act are required to work for 24*6 days. Since they are working in IT dept and require to give support globally can not be given off on national holidays. If they are required to call on such offs then what is the process to be followed. Factory is in Maharashtra, Pune.

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ROHIT SHARMA (Expert) 15 January 2015
1.National Holidays are exclusive in nature and even going by the shop and establishment or factories act such establishment are closed on such National Holidays. If such exploitation is being done then a complaint can be made under the factories act.

Rajendra K Goyal (Expert) 16 January 2015
The employees has to be compensated adequately for their work on national holidays.

ajay sethi (Expert) 16 January 2015
compensation is to be paid to employees for working on holidays .

T. Kalaiselvan, Advocate (Expert) 19 January 2015
Working on national holidays without any valid reason will attract punitive action, however the employees in a compelling situation are to be compensated properly.

Dr J C Vashista (Expert) 22 January 2015
I fully agree with expert Mr. T. Kalaiselvan, the employer can be challaned and sent to jail for compelling employees to work on national holidays.

Anirudh (Expert) 22 January 2015
Take things in a practical way. As very rightly advised by experts here, there is no prohibition in asking the people to work on National Holidays. The only thing is that they have to be compensated monetarily adequately (say by paying twice the wage etc.)
Only in the event of the employer not adequately compensating you will be in a position to complain and succeed. Otherwise not.

But if you think by making complaint, you can put your employer in trouble, yes you can. BUT SIMULTANEOUSLY, YOUR EMPLOYMENT WITH THE ORGANIZATION ALSO WILL COME TO AN END. It is for you to decide what you want. So try to be practical. Everywhere do not try to bring in legality at every conceivable situation, without knowing the resultant side effects.

Guest (Expert) 22 January 2015
Well Advised by Experts Mr.Rohit Sharma and Mr.T.Kalai Selvan

V R SHROFF (Expert) 22 January 2015
compensation is to be paid to employees for working on holidays .

A COMPENSATORY off DAY WITHIN 3 DAYS OF WORKING + OT/ EXTRA TIME PAYMENT FOR NATIONAL HOLIDAY WORKED IS A PRACTICE..

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