Republic Day (January 26), Independence Day (August 15) and Gandhi Jayanti (October 2) are the three national holidays observed in India. On these days all institutions, irrespective of under which law they are covered, or whether they are public or private organizations or MNCs should necessarily remain closed.
But if for some reasons, on these national holidays if the employers wish to keep their organization functional, they need to obtain prior permission from concerned authorities. Also, the workers who work in organization on these national holidays are entitled to receive double wages for the day. (Though these national holidays are a matter of Central legislature, some states do have made provisions for compensatory leave to the workers who have worked on these national holidays, and this is over and above double wages for that day.
If the workers is called upon to work on the National holidays then they are required to get tripple the normal wages.including the wages of compensatory rest with wages.
How triple, i act only double wage is mentioned
If the organizations doesn’t give double wages, then where should be complain about this??
In the labour court under sec 33(c)2
in highs courts claim of overtime dismmed by number of high courts under 33C 2
so one must be cautious about the drafting and claiming section of the act
Our work place– Private college, is 80 kms from home,We are compulsorily called on all these 3 national holidays to be present in college from 8.30am to 11 am. We leave around 11.30am and it is 2.45pm by the time we reach home that day. We neighter get Double wages or Compensatory leave. How should we go about???
Just recall the Dedication of Freedom Fighters, due to whom we all are enjoying independence. Its only 2 days in 365 Days ie 26th Jan & 15th Aug being Indians we shall be present for Flag hoisting despite of Cast, Creed & Colour.
Regards & Jai Hind.
from
M.M.MULE.
Otherwise also you are required to attend ur duty for that ur organisation is not paying any allowances.
This day we celebrate our freedom day and adoption of constitution as 26 jan,if you are a teacher which is main work and u r not doing any teaching job.
I am working in sales for last 29+years but I am not aware my right now so please let me know if you have aware
Ignorance of law is no execuse,dear freind.
what if the organisation holds a flag hoisting ceremony and orders issued to come and join !!!
In construction industry, we have to work whole year, that too from 8 am in the morning to 9 in the night. Companies never compensate engineers in any regard. even on national holidays work is never halted in the name of strict target dates.
Construction industry needs a thorough vigil in this regards.
Yes, I totally agree with you. First stage you write to HR and give them One month time for action. If no action is communicated, then you all collectively take legal action.
Engineer is not a workman
In our organization all the staff members working on both Independence Day and Republic Day from last three years, no compensatory leave or double wages are given even they compel to come to the organization . what we can do?
You can file the case in the labour court as per provisions under IDAct
i am interest for this type work (job)
If our employer not give double wages then what should we do?
Govt or public sector are not exempted if in government sector persons are called upon to work on these days they are required to pay accordingly.
Nice article Thanks for sharing
The Governments sector no need the double or triple, because the day is government holiday , but the private sector , if calling then this is really the employee gate the double wages , if any one private college and school ya any one industries don’t want pay the double wages , then they should perform before the day, and they should respect for the gazetted holiday,
sab rule nikalte hai but ye rules follow kon karta hai pahele ye rule follow na karne valo pe strict action lo . Bad me law banau law ko bhi aaj kon manta hai
Partcipation in flag hoisting ceremony is not covered under this, which is our obligation.However, if one is put on any kind of duty as a regular day, he/she is entitled for the benefit.
What about hospitals?
Illness or emergencies do not see whether it is a national holiday.
Will the patients be charged double if they fall ill on a national holiday?
There are a lot of things That Should Happen but seldom happen in reality. Because of delayed justice, strong management and weak unions. So the less talked about employees rights in Our Country, the better.
Abi to pvt company wale kaam vi karvege or wages bi nahi dege.kyuiki small person is always small
sir, send me private college Holidays for Non Teaching Staff
There are so many other explanations and violations of government rules in different sectors but hardly anyone bothers about it because most of them do not know about their rights and rest of them are scared of getting sacked, therefore, why can’t government make some random inspecting teams to check whether maternity benefits are given, overtime rules etc just like the other government teams supervise and check piracy, income tax raids etc.
Govt must circulate such notification to MNC & Other company
What if employees work in night shift during these days?? Are they still entitled? Example: An employee leaves office at 6:00am in the morning on 26th Jan and again reports to work by 8:00pm as a routine work.
I want to know the leave rules for Contractual employees in NIT, Durgapur or IIEST, Shibpur, Howrah, An Institute of National Importance under MHRD, Govt. of India. I am also interested to know whether Contractual employees in central govt. of above institute are eligible for P.F., Medical benefit, Travelling allowance etc. I need your help to know all such questions.
Regards,
U.S.Kulsi
Contractual employee is at par with regular employees so far matter of statutory deductions and entitlements is concerned.
I have received an offer from another company for which i have been issued 01 month joining notice period but my current company has 2 month notice period if anyone wish to resign and during that tenure my salary will be put on hold until final clearance is done. More worst we are having appraisal interview and i have been recommended for promotion but don’t think they will raise salary as per expectation or that i have been offered my new company. I need help and guidance.
IS THIS APPLICABLE FOR ARMED FORCES OR NOT ?
Entitled for double wage under which act or rule
Very descriptive post, I enjoyed that a lot. Will there be a part 2?
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I am working for IT company. I have only US holidays. Therefore I will have to work tomorrow.
Am i Entitled for Double wages? Please let me know. If yes, I will drop an email to HR right now.
This is my first year at work as I passed out of college recently.
Yes
If employer change his payroll from company payroll to third party pay roll and not giving any compensation for the same. Is their any law for the same.
Is there any Central Government Order regarding double pay for working in National Holidays ?
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