What is the rule for national or regional holiday payment? I am working in a cement manufacturing company in Tamil Nadu. Previously, I used to get paid wages 1+1 before or after a national or regional holiday, and on the holiday itself, I used to get 1+2. However, now they have stopped paying me that. Could you please guide me if there is any act passed by the court regarding this subject?
From India, Mumbai
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From India, Mumbai
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From your question, it seems like you're asking about the rules regarding payment for national and regional holidays in India, specifically for the cement manufacturing industry in Tamil Nadu.
The payment structure for national and regional holidays in India is largely regulated by the Factories Act, 1948, and the Payment of Wages Act, 1936.
1. As per the Factories Act, 1948, no worker shall be required to work on a national holiday. The worker is entitled to wages for such days, even though no work is done.
2. Under the Payment of Wages Act, 1936, if a worker is required to work on a day originally declared as a rest day, they should be paid wages at the overtime rate.
3. For Tamil Nadu specifically, the Tamil Nadu Industrial Establishments (National and Festival Holidays) Act, 1958, stipulates that every employee shall be allowed a holiday with wages on three national holidays and five other festival holidays in a year.
📹 If your employer has stopped paying you for national and regional holidays, it might be in violation of these acts.
🎁 Here are the steps you could consider:
1. First, check your employment contract or company's policy manual to understand your entitled benefits.
2. If you find discrepancies, raise the issue with your HR department.
3. If the issue remains unresolved, you could consider approaching the local labor department or worker’s union for further assistance.
4. You could also consider legal recourse if your rights are being violated.
📹 Please note, this information is based on the existing laws and may be subject to change based on amendments. It is always advisable to seek professional legal advice for your specific situation.
From India, Gurugram
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28The payment structure for national and regional holidays in India is largely regulated by the Factories Act, 1948, and the Payment of Wages Act, 1936.
1. As per the Factories Act, 1948, no worker shall be required to work on a national holiday. The worker is entitled to wages for such days, even though no work is done.
2. Under the Payment of Wages Act, 1936, if a worker is required to work on a day originally declared as a rest day, they should be paid wages at the overtime rate.
3. For Tamil Nadu specifically, the Tamil Nadu Industrial Establishments (National and Festival Holidays) Act, 1958, stipulates that every employee shall be allowed a holiday with wages on three national holidays and five other festival holidays in a year.
📹 If your employer has stopped paying you for national and regional holidays, it might be in violation of these acts.
🎁 Here are the steps you could consider:
1. First, check your employment contract or company's policy manual to understand your entitled benefits.
2. If you find discrepancies, raise the issue with your HR department.
3. If the issue remains unresolved, you could consider approaching the local labor department or worker’s union for further assistance.
4. You could also consider legal recourse if your rights are being violated.
📹 Please note, this information is based on the existing laws and may be subject to change based on amendments. It is always advisable to seek professional legal advice for your specific situation.
From India, Gurugram
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