Dear All Seniors,
Is there any rule/section or act that prescribes that on a particular day factories in Maharashtra should be closed, i.e. 26th January, 15th August, 1st May, or 2nd October?
Thanks in advance.
From India, Pune
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494Is there any rule/section or act that prescribes that on a particular day factories in Maharashtra should be closed, i.e. 26th January, 15th August, 1st May, or 2nd October?
Thanks in advance.
From India, Pune
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irrespective of a factory placed within the indian territory ... these are compulsory holidays and cover within the ambit of Labour Law and the ACT is related to :
THE ACTS RELATING TO NATIONAL AND FESTIVAL HOLIDAYS & CASUAL AND SICK LEAVES
No Central labour law relating to private industry regarding these holidays is enacted. As it is a State matter. All State Governments have enacted laws regarding these holidays.
Generally all State Legislations has common provision for major matters. They provide at least seven holidays for national and other festivals. Republic day, Independence day and Mahatma Gandhi’s birthday are compulsory holidays. Employer and Employees had given right to decide remaining national and festival holidays.
Similarly minimum seven days casual leave and 14 days sick leave is provided to employees.
These leaves are paid means the employees get the wages of these leaves as they had actually worked for that day.
An employee becomes entitled for these leaves after working for a specified period.
The employee who works in establishment on national/other festival holidays is entitled to get double wages for that day.
there is no question of arguing in this issues...also, in case emergency announced the factories should adhere to the enacted laws irrespective of the State they are established, further, in case of elections the factories should endorse leave to the employee for voting in their respective constituencies and the employer should respect the voting right of the employee.. that will be announced time to time by the respective authorities....
From India, Arcot
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THE ACTS RELATING TO NATIONAL AND FESTIVAL HOLIDAYS & CASUAL AND SICK LEAVES
No Central labour law relating to private industry regarding these holidays is enacted. As it is a State matter. All State Governments have enacted laws regarding these holidays.
Generally all State Legislations has common provision for major matters. They provide at least seven holidays for national and other festivals. Republic day, Independence day and Mahatma Gandhi’s birthday are compulsory holidays. Employer and Employees had given right to decide remaining national and festival holidays.
Similarly minimum seven days casual leave and 14 days sick leave is provided to employees.
These leaves are paid means the employees get the wages of these leaves as they had actually worked for that day.
An employee becomes entitled for these leaves after working for a specified period.
The employee who works in establishment on national/other festival holidays is entitled to get double wages for that day.
there is no question of arguing in this issues...also, in case emergency announced the factories should adhere to the enacted laws irrespective of the State they are established, further, in case of elections the factories should endorse leave to the employee for voting in their respective constituencies and the employer should respect the voting right of the employee.. that will be announced time to time by the respective authorities....
From India, Arcot
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There is no provision in the Factories Act by which a national holiday is compulsorily required to be observed. So, one can keep working at his factory on national holidays such as Independence Day, Republic Day, or Maharashtra Day, etc.
Moreover, there is no such act in Maharashtra that makes it compulsory for an employer to declare a holiday on national holidays for its factory. However, for shops and establishments in Maharashtra, there is such a provision, and because of this, 26th January, 1st May, 15th August, and 2nd October are observed as paid holidays.
However, in other states such as Tamil Nadu, there is a statute called "Compulsory Observation of National Holidays," which mandates the observance of national holidays.
From India, Kolhapur
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Moreover, there is no such act in Maharashtra that makes it compulsory for an employer to declare a holiday on national holidays for its factory. However, for shops and establishments in Maharashtra, there is such a provision, and because of this, 26th January, 1st May, 15th August, and 2nd October are observed as paid holidays.
However, in other states such as Tamil Nadu, there is a statute called "Compulsory Observation of National Holidays," which mandates the observance of national holidays.
From India, Kolhapur
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To my knowledge and practice hitherto, The Factories Act of 1948, amended from time to time, does not prescribe any paid holiday as a mandate. For that matter, the act does not provide for any paid holiday in the first place. However, by way of agreements between managements and workers' unions, paid holidays form a part of the holidays. Here again, observance of National or Religious holidays is not mandatory to be included in the accepted number of days of paid holidays as per the agreements. The holidays may be selectively defined between the parties in the agreements.
Yes, The Negotiable Instruments Act applicable to commercial establishments, e.g., banks, defines National Holidays as paid holidays as mandatory.
Lalit Thakkar
From India, Surat
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Yes, The Negotiable Instruments Act applicable to commercial establishments, e.g., banks, defines National Holidays as paid holidays as mandatory.
Lalit Thakkar
From India, Surat
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The Factories Act (as revised from time to time) does not stipulate closed holidays in a factory. However, National Holidays are covered under the National Holidays Act. Those required to work on these days are entitled to wages as overtime. Regarding other holidays, they are governed by the agreement between the employer and the employee. These holidays come with wages and are covered under the Negotiable Instruments Act.
S.K. Johri
From India, Delhi
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S.K. Johri
From India, Delhi
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Hi,
In Karnataka, there is an act called the Karnataka Industrial Establishment (National and Festival) Holidays Act with Karnataka rules. Under the same act, five national holidays are mandated, along with five festival holidays based on the majority's choice.
Ram K Navaratna
From India, Bangalore
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In Karnataka, there is an act called the Karnataka Industrial Establishment (National and Festival) Holidays Act with Karnataka rules. Under the same act, five national holidays are mandated, along with five festival holidays based on the majority's choice.
Ram K Navaratna
From India, Bangalore
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For information of all, The Karnataka Industrial Establishment (National and Festival) Holidays Act, 1963, is uploaded..
From India, Kolhapur
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From India, Kolhapur
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AP HOLIDAY LIST- 2013_ FACTORIES ACT.pdf
Factories Act.doc