Dear All,
Please note that in the year 2020, a few gazetted holidays fall on Sundays. Consequently, employees are receiving only 9 holidays instead of the mandated 12 holidays.
I kindly request guidance on how to address this situation in compliance with the law for the year 2020.
Thank you.
From India, New Delhi
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2Please note that in the year 2020, a few gazetted holidays fall on Sundays. Consequently, employees are receiving only 9 holidays instead of the mandated 12 holidays.
I kindly request guidance on how to address this situation in compliance with the law for the year 2020.
Thank you.
From India, New Delhi
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Normally, the law of holidays (State's Industrial Establishments National and Festival Holidays Act or Shops and Commercial Establishments Act) would provide for mandatory national holidays, which are to be observed without fail, and a few festival holidays, which are at the discretion of the management and employees. Accordingly, it should be that an establishment observes holidays on 26th January, 1st May, 15th August, and 2nd October, as well as five, six, or nine additional holidays for festivals, depending on the state rules and as decided by the employer and employees. National holidays are fixed by specific dates; if any of them falls on a holiday or weekly off day, no compensatory holiday is required. Only festival holidays can be flexible, determined in consultation with employees each year.
From India, Kannur
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From India, Kannur
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You need to refer to your state's acts/rules dealing with national and festival holidays. The management has to abide by the rules and acts.
In general, national and festival holidays are covered either under the state's Industrial Establishments National and Festival Holidays Act or the Shops and Commercial Establishments Act.
The national holidays include 26th January, 15th August, and 2nd October, while other holidays are covered under festival holidays. The festival holidays are chosen considering the locality and the community of workers engaged in the establishment in consultation with any unions.
There is no substitution, but additional payment is provided if any holidays are lost due to a weekly holiday.
From India, Mumbai
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In general, national and festival holidays are covered either under the state's Industrial Establishments National and Festival Holidays Act or the Shops and Commercial Establishments Act.
The national holidays include 26th January, 15th August, and 2nd October, while other holidays are covered under festival holidays. The festival holidays are chosen considering the locality and the community of workers engaged in the establishment in consultation with any unions.
There is no substitution, but additional payment is provided if any holidays are lost due to a weekly holiday.
From India, Mumbai
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If your weekly off day is "Sunday" and any gazetted holiday or festival holiday falls on Sunday, then there is no law in India making it mandatory to grant a compensatory holiday to employees.
- Shobhit Kumar Mittal
Labor & Industrial Law Advisor
8077779793, 9319956443
From India, Faridabad
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- Shobhit Kumar Mittal
Labor & Industrial Law Advisor
8077779793, 9319956443
From India, Faridabad
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