If an employee works on national festival holiday and also he has done over time on the same day. what is the legal complication with regard to State Act ?
From India, New Delhi
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From India, New Delhi
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Dear Yuvaraj,
The employee must be paid with normal wages on the National/Festival Holiday, and the workman is eligible to receive double OT for the number of hours he worked on that day. Otherwise, the employee can be paid for the National Holiday, and as he has worked on the holiday, he can be given compensatory off for one day within the next three working days.
Thank you.
From India, Kumbakonam
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1257The employee must be paid with normal wages on the National/Festival Holiday, and the workman is eligible to receive double OT for the number of hours he worked on that day. Otherwise, the employee can be paid for the National Holiday, and as he has worked on the holiday, he can be given compensatory off for one day within the next three working days.
Thank you.
From India, Kumbakonam
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You see, to have posted the same query twice... Why should there be a legal complication? Is working on that day prohibited? You need to pay the person for that day even if he is not working. If he is working, he is eligible for overtime for the hours worked. He has worked for more than 8 hours on that day, so he will get paid overtime wages for the entire working period as boss2966 says. However, I don't think he needs to be given a compensatory off unless that was a weekly holiday for him. He has to be paid overtime irrespective of compensatory off anyway.
From India, Mumbai
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From India, Mumbai
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Mr. Yuvaraj, Pl go through the copies of the letter and Act in PDF attached to this comment, where in the rules and procedure prevailing in Karnataka is mentioned. This may help you. SPKR
From India, Bangalore
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From India, Bangalore
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Karnataka State Acts are applicable to Karnataka only.Follow Panjab Industrial Establishment National & Festival Holidays etc Act.1965, Varghese Mathew
From India, Thiruvananthapuram
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From India, Thiruvananthapuram
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Hello,
Firstly, there are no legal complications as such that one must understand. Thereafter, every state has an act available on the e-governance website outlining the exceptions and requirements for organizations to follow. Ideally, a national holiday means that the company shall remain closed, and regular functions would not be available. However, essential services might remain operational depending on the organization's work scenario.
Furthermore, if an employee works on a holiday, they are entitled to additional pay for the day or may be given a compensatory day off according to the organization's policies. If overtime (OT) is applicable, double OT is generally granted, but this also depends on the organization's policies, which should be fair and flexible.
Employees are the most important asset for any organization. Each employee is also responsible for completing tasks assigned by the organization. Managers can prepare a work chart based on job requirements to decide how to utilize subordinates and whether to call them in to work on holidays. However, this should be done within the limits of the organization and without abusing power.
From India, Mumbai
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Firstly, there are no legal complications as such that one must understand. Thereafter, every state has an act available on the e-governance website outlining the exceptions and requirements for organizations to follow. Ideally, a national holiday means that the company shall remain closed, and regular functions would not be available. However, essential services might remain operational depending on the organization's work scenario.
Furthermore, if an employee works on a holiday, they are entitled to additional pay for the day or may be given a compensatory day off according to the organization's policies. If overtime (OT) is applicable, double OT is generally granted, but this also depends on the organization's policies, which should be fair and flexible.
Employees are the most important asset for any organization. Each employee is also responsible for completing tasks assigned by the organization. Managers can prepare a work chart based on job requirements to decide how to utilize subordinates and whether to call them in to work on holidays. However, this should be done within the limits of the organization and without abusing power.
From India, Mumbai
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NATIONAL AND FESTIVAL LEAVE 2008.pdf