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Can we publish a separate Holiday Calendar for direct & indirect workers having different nos?
From India, New Delhi
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Technically, I do not see a problem But please let us know why you wish to do such a thing also let us know whether the teams sit in the same premises or at different places
From India, Mumbai
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I do not think it is possible. As per the National and Festival Holidays Act, the establishment has to declare holidays for the subsequent year for a particular establishment or factory, which is applicable for both permanent and contract workers as a whole.
From India, New Delhi
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KK!HR
1656

The holidays are declared for the establishment, so they would apply to all working in the establishment, be it direct or indirect. If you are working 24/7, then certain essential services are required to be done, and the necessary personnel have to be present. The treatment has to be common for both the direct and indirect workers. In any case, it is imperative that the statutory provisions in this regard are complied with.

I have encountered a situation like this, where contract laborers were surreptitiously called by Shop Floor officials for duty on the day of the Holi Festival, and one of them met with a minor accident. It became very difficult to handle the situation.

So, if you are calling any indirect worker for duty, please ensure all due compliances.

From India, Mumbai
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Dear friend,

Certainly, you cannot do so since holidays form part of the service conditions of all the workmen employed in the same establishment irrespective of their status of employment.

In this connection, I'd like to quote that the Supreme Court held in its judgment in B.H.E.L Workers Union, Haridwar & Others v Union of India [1985(50) FLR 205 S.C] that no particular distinction should be made only on the basis of the contract labor, and contract laborers are entitled to the same wages, holidays, hours of work, and conditions of service as applicable to workmen directly employed by the principal employer of the establishment on the same or similar conditions of work.

From India, Salem
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Policy pemits -12 NHFH for OnROll emp. and Act provides 8 NHFH which we want to apply for Contract workers, as of now it is common 12 NHFH to both
From India, New Delhi
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Thanks to all experts for your valuable suggestions.

Regarding the query of Sh. Saswata Banerjee:

We operate a manufacturing concern on a 24x7 basis, with both direct and indirect manpower engaged in various job roles. Currently, both direct and indirect manpower receive a common 12 National and Festival Holidays (NHFH). However, according to policy, 12 NHFH are designated for On-Roll employees, which we intend to continue. For contract workers, we aim to adhere to the NHFH Act, which specifies 8 NHFH. How should we proceed with this implementation?

From India, New Delhi
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