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vej_85
2

Dear Professionals,

I need a clarification on National & Festival Holiday pay ?

i. NH/FH - leave given
ii. NH/FH - Factory run (Form V-A Submitted)

In both categories, is basic pay alone enough, or should we pay from gross?

Kindly advice..
Vejaykumar Ramasamy

From India, Sriperumbudur
Madhu.T.K
4248

What is the wages deducted when an employee is absent without leave on any day? the same should be the wages payable for holidays.
From India, Kannur
loginmiraclelogistics
1076

Please read section 5 of the TN Industrial Estts (National & Festival Holidays') Act, 1958 attached where the relevant information is provided for- .

Wages. —(1) Notwithstanding any contract to the contrary, every employee shall be paid wages for each of the holidays allowed to him under 1[section 3 or 3A]1. (a) twice the wages; or (b) wages for such day and to avail himself of a substituted holiday with wages on any other day.
What is the factory wages Act 1948?
The Factories Act, 1948, mandates the payment of minimum wages to the workers by prescribing a fixed pay rate. An employer shall pay their employees at least the prescribed minimum wage rate. If an employee is paid less than minimum wage, the employer should pay that employee at least what the law requires.

From India, Bangalore
Attached Files (Download Requires Membership)
File Type: pdf TN-national_and_festival_holidays_rules_compressed.pdf (1.13 MB, 0 views)

vej_85
2

Dear sir,

Thanks for your valuable information sir... And my query is if a employees per day wage is 600/- and also per day Basic Wage is 450/--In that case i we didn't run the factory and given a holiday on any of the NH/FH means we have to pay 600 or 450i.e basic wage?

Kindly adivce..

Thanks

From India, Sriperumbudur
Madhu.T.K
4248

Yes, VJ, what i have said is the wages payable for a holiday should be the same wages which is not paid when a worker remains absent. Obviously, if a worker employed on a wages of Rs 600 per day takes a leave, you will deduct Rs 600, and not just the basic pay, ie, Rs 450 alone. Therefore, if the wages per day is Rs 600, this should be the wages payable on holidays also. If you mean to interpret the wages as basic wages and whatever you pay are allowances, then you will have to pay allowances for such days the worker remains on leave, that you can deduct only the basic wages for the days of absence from the monthly total wages payable.
From India, Kannur
nselva
2

Refer Sec 2 (g) of the Tamil Nadu National, festival and special holidays, Act, 1958 which define wages that includes all renumeration capable of being expressed in money, which would, in the terms of employment, express or implied, fulfilled,i,e payable to an employee in respect ol his employment or of the work done by him in such employment, and includes (i) such allowances (including dearness allowance) as the employee is for the
time being entitled to;
(ii) the value of any house accommodation; or of supply of light, water, medical
attendance or other amenity or of any service or of any concessional supply of food
grains or other articles; but does not include
(a) any bonus;
(b) any contribution paid or payable by the employer to any pension fund or
provident fund, or for the benefit of the employee under any law for the time
being in force;
(c) any gratuity payable on the termination of his service;
(d) any sum paid to the employee to defray special expenses entailed on him by
the nature of his employment;
(e) any travelling concession.

From India, Coimbatore
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