Dear Members
We are a manufacturing unit situated in Maharashtra. During one of the interactive sessions a question cropped up to which I have no satisfactory answer except for saying that it is a common practice . It is a humble request to the forum to guide me on the same.
"Factories act does not have any mention of any specific holidays unlike shops and establishments and the national holidays and festival act has not been adopted by the state of Maharashtra, Is it compulsory to declare holidays on Jan 26, May 1, August 15 and October 2. If yes, please provide the relevant act and rules for the same. If no, can we operate our units in Maharashtra on these days if we have not mentioned it as an holiday in our holiday list without any technical issues from the govt. authorities."
Regards
Preetam Deshpande
From India, Mumbai
130We are a manufacturing unit situated in Maharashtra. During one of the interactive sessions a question cropped up to which I have no satisfactory answer except for saying that it is a common practice . It is a humble request to the forum to guide me on the same.
"Factories act does not have any mention of any specific holidays unlike shops and establishments and the national holidays and festival act has not been adopted by the state of Maharashtra, Is it compulsory to declare holidays on Jan 26, May 1, August 15 and October 2. If yes, please provide the relevant act and rules for the same. If no, can we operate our units in Maharashtra on these days if we have not mentioned it as an holiday in our holiday list without any technical issues from the govt. authorities."
Regards
Preetam Deshpande
From India, Mumbai
Maharashtra does not have a festival and national holidays act.
However, it is a recognised practice that the 3 national holidays must be given.
In case you work on that day, the workers must be paid overtime.
You are required to give the return of holidays at the start of the year. If you do not include these holidays, you will get a notice from the factory inspector.
From India, Mumbai
However, it is a recognised practice that the 3 national holidays must be given.
In case you work on that day, the workers must be paid overtime.
You are required to give the return of holidays at the start of the year. If you do not include these holidays, you will get a notice from the factory inspector.
From India, Mumbai
Please check the industrial Standing orders applicable to your factory
The model Standing Orders (Central) provides for 8 holidays of which 4 compulsory are the National Holidays - 26/1, 1/5, 15/8 & 2/10
Therefore, irrespective of your state has a Festival Holidays Act, you are required to give these days as holidays (Unless you have modify the standing orders to exclude)
From India, Mumbai
The model Standing Orders (Central) provides for 8 holidays of which 4 compulsory are the National Holidays - 26/1, 1/5, 15/8 & 2/10
Therefore, irrespective of your state has a Festival Holidays Act, you are required to give these days as holidays (Unless you have modify the standing orders to exclude)
From India, Mumbai
Hello,
It is only the Shops and Commercial Establishments Act that specifies 26/1, 1/5, 15/8 and 2/10 as paid holidays on which the establishment shall remain CLOSED. However the act also permits work on these days if employees are paid OT and also a compensatory paid holiday!
Factories Act has NO such provisions and therefore technically, you can work your manufacturing units on these days-the presumption being that all such mfg units are registered factories under the Factories Act. (Else, of course they will be covered under Shops.....Act-binding the employer to keep the work place closed on these days).
However being legally correct is one thing and keeping employees cultural aspirations in mind is another matter. In a multicultural, multi-religions society one has to keep the balance. In any case most factories declare certain days as festival holidays/paid holidays either in consultation with the employees or their union as the case may be!
Negotiable Instruments Act has no application to factories.
Trust the matter is clear at the conceptual level also!
Regards
samvedan
October 2, 2013
----------------------------
From India, Pune
It is only the Shops and Commercial Establishments Act that specifies 26/1, 1/5, 15/8 and 2/10 as paid holidays on which the establishment shall remain CLOSED. However the act also permits work on these days if employees are paid OT and also a compensatory paid holiday!
Factories Act has NO such provisions and therefore technically, you can work your manufacturing units on these days-the presumption being that all such mfg units are registered factories under the Factories Act. (Else, of course they will be covered under Shops.....Act-binding the employer to keep the work place closed on these days).
However being legally correct is one thing and keeping employees cultural aspirations in mind is another matter. In a multicultural, multi-religions society one has to keep the balance. In any case most factories declare certain days as festival holidays/paid holidays either in consultation with the employees or their union as the case may be!
Negotiable Instruments Act has no application to factories.
Trust the matter is clear at the conceptual level also!
Regards
samvedan
October 2, 2013
----------------------------
From India, Pune
Though factory act does not have such a restriction, indistrial employment standing orders act has provisions for holidays on those days. So legally you are not allowed to work on those days except by paying overtime for all the workers who attend. Those who do not work on that day will get their full payment.
From India, Mumbai
From India, Mumbai
Hello,
I am not questioning your addition but could you please quote the provisions from Industrail Employment (Standing Orders) Act 1946. I do not remember to have seen any such provisions in "model standing orders" or the Maharashtra Rules! Are you by any chance referring to "certified" standing orders or to the "Central rules"
This is where a clarification is needed please!
Regards
samvedan
October 2, 2013
----------------------
From India, Pune
I am not questioning your addition but could you please quote the provisions from Industrail Employment (Standing Orders) Act 1946. I do not remember to have seen any such provisions in "model standing orders" or the Maharashtra Rules! Are you by any chance referring to "certified" standing orders or to the "Central rules"
This is where a clarification is needed please!
Regards
samvedan
October 2, 2013
----------------------
From India, Pune
Dear Saswata & Ashish
Can you please provide the exact clause under the Model Standing order (central ) or under Maharashtra Rules as there is no mention of any specified holidays in the respective rules.
Under Model Standing order of Central rules under Schedule I Clause 5 it states " Notices specifying (a) days to be observed by establishment as holidays and (b) pay-days shall be posted on notice Board"
There is no clause under model standing orders under Maharashtra Rules.
Further if our list of holidays does not include these 4 days how and under what rules and section can the authority question us.
Request your guidance to find the appropriate clause.
Regards
Preetam Deshpande
From India, Mumbai
Can you please provide the exact clause under the Model Standing order (central ) or under Maharashtra Rules as there is no mention of any specified holidays in the respective rules.
Under Model Standing order of Central rules under Schedule I Clause 5 it states " Notices specifying (a) days to be observed by establishment as holidays and (b) pay-days shall be posted on notice Board"
There is no clause under model standing orders under Maharashtra Rules.
Further if our list of holidays does not include these 4 days how and under what rules and section can the authority question us.
Request your guidance to find the appropriate clause.
Regards
Preetam Deshpande
From India, Mumbai
Dear Preetam,
Learned followers have rightly informed you and all that there are 4 National Holidays - 26/1, 1/5, 15/8 & 2/10. There is provision for 8 Paid Holidays. The rest 4 are given as per State. Most commonly they are given for Holi, Dushera, Deepawali (1 each) and 1 depending upon State - In Maharashtra it is on Ganesh Chaturthi, In some for Eid or Christmas or 2 for Dushera(WB/Bihar/Jharkhand). You can fix up the Holidays accordingly and circulate in the first week of January every year.
Best wishes.
AK Jain
HR Personnel
NCL, CIL
From India, Jabalpur
Learned followers have rightly informed you and all that there are 4 National Holidays - 26/1, 1/5, 15/8 & 2/10. There is provision for 8 Paid Holidays. The rest 4 are given as per State. Most commonly they are given for Holi, Dushera, Deepawali (1 each) and 1 depending upon State - In Maharashtra it is on Ganesh Chaturthi, In some for Eid or Christmas or 2 for Dushera(WB/Bihar/Jharkhand). You can fix up the Holidays accordingly and circulate in the first week of January every year.
Best wishes.
AK Jain
HR Personnel
NCL, CIL
From India, Jabalpur
Sorry for a late response.
I was not in the office a few days.
This is what i got from the Central Model Standing Orders :
10. Festival holidays and leave.--(a) There shall be seven paid festival holidays or as laid down in an agreement or an award in force. Out of these seven days, the Republic Day, Independence Day and Mahatma Gandhi’s Birthday shall be allowed without option and the rest of the days shall be fixed by agreement or local custom. Whenever a workman has to work on any of these holidays, he shall, at his option be entitled to either thrice the wages for the day or twice the wages for the day on which he work and in addition to avail himself of a substituted holiday with wages on any other day or as laid down in an agreement or an award in force.
From India, Mumbai
I was not in the office a few days.
This is what i got from the Central Model Standing Orders :
10. Festival holidays and leave.--(a) There shall be seven paid festival holidays or as laid down in an agreement or an award in force. Out of these seven days, the Republic Day, Independence Day and Mahatma Gandhi’s Birthday shall be allowed without option and the rest of the days shall be fixed by agreement or local custom. Whenever a workman has to work on any of these holidays, he shall, at his option be entitled to either thrice the wages for the day or twice the wages for the day on which he work and in addition to avail himself of a substituted holiday with wages on any other day or as laid down in an agreement or an award in force.
From India, Mumbai
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List of Holidays Karnatka.pdf