Der Seniors,
Please guide me....
If the employee is on leave from 20th January to 30th January is is eligible for National paid Holiday - 26th January.
Or wheather 26th January will be counted in leave only.
Is the employer is liable to pay the said day????
From India, Pune
46Please guide me....
If the employee is on leave from 20th January to 30th January is is eligible for National paid Holiday - 26th January.
Or wheather 26th January will be counted in leave only.
Is the employer is liable to pay the said day????
From India, Pune
Yes this is Govt fixed Paid Holidays v should not over come that. It is taken into Account for Pay. Reply, Sukumar
From India, New Delhi
From India, New Delhi
Even before the employee avails leave, management had declared holiday. So his absence on 26january should be counted as leave.
From India, Tiruchchirappalli
From India, Tiruchchirappalli
Dear Prashant,
It will be better to go through the Act under which you are required to give national holiday to your employees.
With Regards,
R.N.Khola
From India, Delhi
It will be better to go through the Act under which you are required to give national holiday to your employees.
With Regards,
R.N.Khola
From India, Delhi
In the instant case the employee was on leave from 20th Jan to 30th Jan.
The National Holiday 26th Jan in the intervening period will NOT be treated as leave. It will be treated as a National Holiday and of course the employee concerned will be paid for it.
Vasant Nair
HR Advisor
From India, Mumbai
The National Holiday 26th Jan in the intervening period will NOT be treated as leave. It will be treated as a National Holiday and of course the employee concerned will be paid for it.
Vasant Nair
HR Advisor
From India, Mumbai
Annual leave or privileged leave or earned leave is allowed to employees either the Factories Act or Shops and Establishment Act. Number of days PL/EL is a calendar month or 1 day for 20 days. Hence if you take any leave all holidays either weekly off or national holidays are counted as part of leave. Of couse you will be paid for such leave. If you are already on loss of pay, you will lose the pay for any national holidays or weekly offs that occur during this loss of pay leave
From India, Bangalore
From India, Bangalore
Yes as that particular holiday falls on the company calendar... The employee have to be paid on that day...
From India, Bangalore
From India, Bangalore
QUESTION—26th January is a paid holiday in India. If an employee is on leave from 20th January to 30th January, does he have the right to an additional day’s salary for 26th January?
ANSWER—
The exact answer will depend upon the leave rules applicable. However, as a general principle of law, an employee can be either on leave or duty on a particular day. Since 26th January is a paid holiday, an employee is ordinarily deemed to be on duty on 26th January, even though the work place is closed. However, if he is on leave on that day, he can’t be on actual or deemed duty. Hence, in my opinion, no additional day’s salary for 26th January can accrue to him in the given example.
-- M C Gupta
MD (Medicine), LL.M.
Ex-Professor
Practicing advocate
2 February 2010
From United States, Sunnyvale
ANSWER—
The exact answer will depend upon the leave rules applicable. However, as a general principle of law, an employee can be either on leave or duty on a particular day. Since 26th January is a paid holiday, an employee is ordinarily deemed to be on duty on 26th January, even though the work place is closed. However, if he is on leave on that day, he can’t be on actual or deemed duty. Hence, in my opinion, no additional day’s salary for 26th January can accrue to him in the given example.
-- M C Gupta
MD (Medicine), LL.M.
Ex-Professor
Practicing advocate
2 February 2010
From United States, Sunnyvale
dEAR BABUSHANKAR,
KINDLY CHECK THE ACTS BEFORE U WRITE SUCH COMMENTS!
ALL LEAVES COUNTED ONLY FOR CALCULATION OF ELIGIBILY OF EL, THEY ARE NOT COUNTED AS EL, THEY SHALL BE PAID EXTRA FROM THESE EL'S. THIS IS FACTORY ACT.
AND THE PRESENT FORUM IS REGRADING NF TO BE STUDIED UNDER NATIONAL FESTIVAL ACT.
APART FROM THIS, I WANT TO ASK YOU ALL THIS QUESTION:
IF EMPLOYEE IS ABSENT FROM 20TH DEC WITHOUR INFORMATION TILL 3O TH JAN. AND WE ARE INTERESTED IN CONTINUE HIS JOB, THEN WE ARE LIABLE TO PAY HIM 26TH JAN OR NOT??
REGDS
MANISH GUPTA
From India, Mumbai
KINDLY CHECK THE ACTS BEFORE U WRITE SUCH COMMENTS!
ALL LEAVES COUNTED ONLY FOR CALCULATION OF ELIGIBILY OF EL, THEY ARE NOT COUNTED AS EL, THEY SHALL BE PAID EXTRA FROM THESE EL'S. THIS IS FACTORY ACT.
AND THE PRESENT FORUM IS REGRADING NF TO BE STUDIED UNDER NATIONAL FESTIVAL ACT.
APART FROM THIS, I WANT TO ASK YOU ALL THIS QUESTION:
IF EMPLOYEE IS ABSENT FROM 20TH DEC WITHOUR INFORMATION TILL 3O TH JAN. AND WE ARE INTERESTED IN CONTINUE HIS JOB, THEN WE ARE LIABLE TO PAY HIM 26TH JAN OR NOT??
REGDS
MANISH GUPTA
From India, Mumbai
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