Hi, We have declared 10 festival holidays for our office for the year 2024, with weekly off on Saturday and Sunday. We have outsourced our facility activities to a vendor, with weekly off on Sunday. So, do we need to give our vendor staff all the 10 holidays declared by our Company, or can we declare 8 annual holidays ( 4 National & 4 Festival) as per the Bombay S & E Act?
How do we treat 3 major festivals falling on a Saturday? We are not keen in declaring additional holidays and expect them to work as usual on Saturdays.
Also, the Maharashtra Government has declared 24 holidays, so is it normal to pay these employees normal wages if they work on 16 non-declared holidays (24 - 8) by our Company?
Thanks & Regards.
Shravan
From India, Mumbai
How do we treat 3 major festivals falling on a Saturday? We are not keen in declaring additional holidays and expect them to work as usual on Saturdays.
Also, the Maharashtra Government has declared 24 holidays, so is it normal to pay these employees normal wages if they work on 16 non-declared holidays (24 - 8) by our Company?
Thanks & Regards.
Shravan
From India, Mumbai
Hi Few inputs,
>Employees should not work continuous 7 days works without one day rest
>Every employee if entitled to National and festival holiday and working on national / festival holidays attracts double the rate of wages
>Employer should notify the holiday list for the year to govt and display in office premise
>Based of business requirement employer can adjust holidays or working on holidays permitted, provided wages to be paid double the rate and this to be notified or record to be maintained to labor dept
>
From India, Bangalore
1>Employees should not work continuous 7 days works without one day rest
>Every employee if entitled to National and festival holiday and working on national / festival holidays attracts double the rate of wages
>Employer should notify the holiday list for the year to govt and display in office premise
>Based of business requirement employer can adjust holidays or working on holidays permitted, provided wages to be paid double the rate and this to be notified or record to be maintained to labor dept
>
From India, Bangalore
The paid holiday falling on weekly off day will go lapse or pay a day salary in lieu of the paid holidays that goes lapsed for intervening with weekly off days.
To avoid such incident the management decides the festival holidays with the consent of union or employees prior to fixation or declaration. The national & festival holidays act allows substitution on later date too in prescribed Form. In view of the above problems most establishment follow a well drafted policy. There are establishments, who adopted the policy of selecting their four festivals they want to avail instead of fixed festivals.
From India, Mumbai
To avoid such incident the management decides the festival holidays with the consent of union or employees prior to fixation or declaration. The national & festival holidays act allows substitution on later date too in prescribed Form. In view of the above problems most establishment follow a well drafted policy. There are establishments, who adopted the policy of selecting their four festivals they want to avail instead of fixed festivals.
From India, Mumbai
The 24 holidays announced by the government are for government offices and for compliance with NI Act. It is an indicative list and you are not required to give all of them. Maharashtra does not have a festivals holiday act, so you are basically required to give the 4 national holidays and norms are to give a total of 8 or 10 holidays in the year.
Your rules for own and contract / vendor employees is not required to be the same.
So you can have different rules for the contract workers.
The major issue for you will be for the Saturdays which are festival days. Whether to work there or not depends on a lot of things, including how critical that particular function is. If possible, just give those 3 extra days to them or pay an overtime allowance. I do not think it makes any sense to cause a dispute for a small amount.
From India, Mumbai
Your rules for own and contract / vendor employees is not required to be the same.
So you can have different rules for the contract workers.
The major issue for you will be for the Saturdays which are festival days. Whether to work there or not depends on a lot of things, including how critical that particular function is. If possible, just give those 3 extra days to them or pay an overtime allowance. I do not think it makes any sense to cause a dispute for a small amount.
From India, Mumbai
Hi Saravan,
What's your normal practice, are you following 6 days or 5 days work ? If you follow 6 days week then it is not a problem as you have to declare paid holiday for such holiday Saturday. The question only arises in the case of 5 days working establishments. So, Any listed holiday falling on a Saturday then it can be paid holiday. What is the issue then?
If have a problem in listing the holidays, then you have to necessarily have holidays on 3 national festivals viz., 26th Jan (Republic day), 15th Aug.(Independence day and 2nd Oct. (Gandhi Jayanthi), in addition you also can have Dr.Ambedkar's Jayanthi in April. Leaving these 4 days listing other holidays left to your practice and local customs. It's generally in line with Negotiable Instruments Act for working convenience. There is no other problems.
From India, Bangalore
What's your normal practice, are you following 6 days or 5 days work ? If you follow 6 days week then it is not a problem as you have to declare paid holiday for such holiday Saturday. The question only arises in the case of 5 days working establishments. So, Any listed holiday falling on a Saturday then it can be paid holiday. What is the issue then?
If have a problem in listing the holidays, then you have to necessarily have holidays on 3 national festivals viz., 26th Jan (Republic day), 15th Aug.(Independence day and 2nd Oct. (Gandhi Jayanthi), in addition you also can have Dr.Ambedkar's Jayanthi in April. Leaving these 4 days listing other holidays left to your practice and local customs. It's generally in line with Negotiable Instruments Act for working convenience. There is no other problems.
From India, Bangalore
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Public holiday - 30-Apr-09.pdf