Working on national holiday
BAIJU KUMAR ROY
(Querist) 18 September 2018
This query is : Resolved
Can an Private Sector employer ask their employees to come for work on the national holiday like Independence Day, Republic Day, Eid Al Fitra, Diwali, Durgapuja, Holi and Eid Al Adha?
Can the employees ask for the remuneration for those days or not?
Is there any National Holiday regulation to follow for a Private Sector employer?
Hemant Agarwal
(Expert) 23 September 2018
1. EXCEPT for essential services, ALL offices have to remain closed on Public Declared Holidays.
2. HOWEVER, IF the employees voluntarily accepts to attend work on Public Declared Holidays, THEN the pay shall be based on the over-time rates.
Keep Smiling .... Hemant Agarwal
VISIT: www.chshelpforum.com
Sudhir Kumar, Advocate
(Expert) 23 September 2018
repeated
http://www.lawyersclubindia.com/experts/Salary-deduction-for-absence-on-independence-day--691266.asp
BAIJU KUMAR ROY
(Querist) 23 September 2018
Sir, I read the full article you referred. I think both the quries are different. Here a private company (employer) who keep their office open on national holiday and asking all the employee to mandatorily come and that too not at all for any celebration.
Sudhir Kumar, Advocate
(Expert) 26 September 2018
The company cannot do so unless they are essential services.
BAIJU KUMAR ROY
(Querist) 26 September 2018
Respected Sudhir Kumar Sir, The private company is doing so since a long time and its not at all a kind of any essential services. That's the reason i asked that "May the employees can ask for remuneration for working on those national holidays". If possible please highlight the facts for mandatory following the national holiday rules if any in our country for any govt. or private offices.
Guest
(Expert) 26 September 2018
You are mistaken about the term of national holidays, if you take all the Gazetted holidays of the Government as national holidays. Those Gazetted holidays are meant only for the Government servants serving in the Government departments. So far as the national holidays are concerned, there are only THREE national holidays, i.e., Republic Day, Independence Day and the Mahatma Gandhi's Birthday. In addition, it is the employer, who has to prescribe the holidays to be observed by his employees.
However, if the employer make you work on these three national holidays, he is required to pay you an additional day's wages or the over time at double the prescribed rates, as the case may be.
So, if you really have such problem, better settle the issue amicably with your employer. Otherwise, if you prefer to raise some legal dispute, he may show you the way out of his organization also.
BAIJU KUMAR ROY
(Querist) 26 September 2018
Respected Dhingra Sir, If the issue will be raised after retirement then hopefully showing way out from the organization is itself nullified. However you almost clear the aforesaid concern. If possible please highlight the fact that "is there any rule to mandatorilly follow by the pvt offices for holiday whether national, gazetted or festivals"
Sudhir Kumar, Advocate
(Expert) 11 October 2018
you have nowhere indicate in what field the company is working and what good/services it is producing.
