Dear All, I want to know if we wish to run the factory on national holidays then shall we have to take prior permission from Labour ofice/Factory Inspector office? Thanks, Parag
From India, Nasik
2From India, Nasik
The Labour Officer/ Commissioner is the Appropriate authority under the Holidays Act (probably each state shall have separate legislation to regulate employment on holidays like, Kerala Industrial Establishment (National and Festival Holidays) Act, Tamil Nadu Industrial Establishment (National and Festival Holidays) Act, Karnataka Industrial Establishment (National and Festival Holidays) Act etc)
Though an employer can ask employees to work on a holiday, it should be communicated to the employees 24 hours before such holiday and a copy of the same should also be sent to the Inspector/ appropriate authority. Obviously return of working on holidays should also be sent to the Labour Office showing the wages paid for the holiday working etc.
Madhu.T.K
From India, Kannur
Though an employer can ask employees to work on a holiday, it should be communicated to the employees 24 hours before such holiday and a copy of the same should also be sent to the Inspector/ appropriate authority. Obviously return of working on holidays should also be sent to the Labour Office showing the wages paid for the holiday working etc.
Madhu.T.K
From India, Kannur
Dear Mr. Madhu, Is same process need to follow under shops & Est. .? & who will the intimation authoirty, shops & Est. or Labour Dept..?
From India, Mumbai
From India, Mumbai
It should be same because the holidays are approved by the Inspector under the Shops and Commercial Establishments Act in the case of shops or commercial establishments and also in the case of factories and boilers.
Madhu.T.K
From India, Kannur
Madhu.T.K
From India, Kannur
Dear Parag,
Working on national holiday is generally allowed for essential services. However, if you wish to work on national holiday, an advance intimation to the area Inspector and Chief inspector of Factories is required and the day will have to be compensated in addition to payment at double the ordinary rate of wage.
Regards.
P K Sharma
From India, Delhi
Working on national holiday is generally allowed for essential services. However, if you wish to work on national holiday, an advance intimation to the area Inspector and Chief inspector of Factories is required and the day will have to be compensated in addition to payment at double the ordinary rate of wage.
Regards.
P K Sharma
From India, Delhi
Dear P K Sharma,
Can you please cite the provision in the Factories Act (Central Act) which demands that holidays should be approved by Inspector of Factories and Boilers. Under Factories Act there seems to be no provision which says about national and festival holidays other than the weekly holidays, ie, weekly off. I am not sure if there is any state rule which makes it mandatory to inform the Factory Inspector of the holidays proposed to be adopted by the company during a year. Normally every year the holidays (national and festival holidays) are approved by the Labour Officer/ Commissioner and accordingly once the list of holidays are approved by the Labour Officer or Commissioner, as the case may be, there is no question of Inspector of Factories and Boilers granting permission to work on a holiday. Correct me if I am wrong
Regards,
Madhu.T.K
From India, Kannur
Can you please cite the provision in the Factories Act (Central Act) which demands that holidays should be approved by Inspector of Factories and Boilers. Under Factories Act there seems to be no provision which says about national and festival holidays other than the weekly holidays, ie, weekly off. I am not sure if there is any state rule which makes it mandatory to inform the Factory Inspector of the holidays proposed to be adopted by the company during a year. Normally every year the holidays (national and festival holidays) are approved by the Labour Officer/ Commissioner and accordingly once the list of holidays are approved by the Labour Officer or Commissioner, as the case may be, there is no question of Inspector of Factories and Boilers granting permission to work on a holiday. Correct me if I am wrong
Regards,
Madhu.T.K
From India, Kannur
Dear Friends
Though an employer can ask employees to work on a holiday, it should be communicated to the employees 24 hours before such holiday and a copy of the same should also be sent to the Inspector/ appropriate authority. Obviously return of working on holidays should also be sent to the Labour Office showing the wages paid for the holiday working etc.,
The above is obsultely correct.Because if at all any accident happen on holidays, then sending the reports are not suppose to be valid. and Insurence also problem.
Thanking you,
P.Vijaya anandan
Head - HR
Coimbatore.
From India
Though an employer can ask employees to work on a holiday, it should be communicated to the employees 24 hours before such holiday and a copy of the same should also be sent to the Inspector/ appropriate authority. Obviously return of working on holidays should also be sent to the Labour Office showing the wages paid for the holiday working etc.,
The above is obsultely correct.Because if at all any accident happen on holidays, then sending the reports are not suppose to be valid. and Insurence also problem.
Thanking you,
P.Vijaya anandan
Head - HR
Coimbatore.
From India
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The Tamil Nadu Industrial Establishments (National And Festival Holidays) Amendment Act, 2017.pdf
Form V.xls National and Festival Holidays.xls