Working On National Holiday Is A Crime - DOC Download

Birthday of Dr. B. R. Ambedkar is also declared as a national holiday effective April, 2010. Attached is the Memorandum for your reference.
So, now we have four National Holidays namely;
26th January - Republic Day
14th April - Birth anniversary of Dr. B. R. Ambedkar
15th August - Independence Day
2nd October - Birth anniversary of Gandhiji
As regards working on nationaly holiday, yes, we need to take prior permission from the Inspectorate of Factories. I think, even if you write a letter to the authorities, on your company letterhead, they would reply.
After taking permission from the authorities, if you work on the national holiday, you need to comply with the Minimum Wages Act and pay the wages at overtime rate i.e. 200% of the normal wages.
Best regards,
Maya Talkar
Auditor - Social Compliance
9422442200

3rd October 2010

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National holiday on 14th april.doc (215.5 KB, 894 views)

There was also another thread, more or less, discussing the same issue. The basic thing we all should know is the law. The law of the land should be followed. The law in this regard is laid down in the Acts and Rules made by the concerned States. The title of the ACT/Rules varies from State to State, but it would be something like - National and Festival Holidays Act or Rules. One has to refer to this Act or Rule and follow it.
Permission is required to work on these holidays. Some other day-off is to be given in lieu of this holiday if anyone works on this holiday. Otherwise wages are to be paid in special rates which is normally twice the normal wages.
In case of breach of these provisions, penalty is also normally provided in the corresponding Act or Rules.
3rd October 2010 From India, Madras

Dear Maya Talkar, Auditor - Social Compliance.
The contention in your post #12 is misleading.
The 14th April - Birth anniversary of Dr. B. R. Ambedkar holiday was declared only for the year 2010 and is for the Central Government Offices including Industrial Establishments throughout India (also under NIA).
This was not binding on state governments.
In no iota of imagination, it can be construed as a National Holiday at all at par with other three National Holidays.
3rd October 2010 From India, Chandigarh

Dear Menthresh,
For you to know the list of National and Festival Holidays applicable to your state. Please get a bare act on National and Festival Holidays applicable to your state and get the necessary clarification.
In Tamilnadu the National Holidays are 26th Jan, 01st May, 15th Aug & 02nd Oct. If you are required to work on a National Holiday you can send an intimation to the Factories Inspectorate (of course you have to get the concurrence of the Trade Union if you have one in your industry) and then ask the workmen to work on that day. You have to give them a off 3 days prior of 3 days after the National Holiday.
M.V.KANNAN
4th October 2010 From India, Madras

Dear Maya,
There is a great difference between a national holiday and a general holiday. The notification attached by you does not indicate anywhere that the holiday on account of birthday of Dr. B.R. Ambedkar will be a national holiday from 2010 onwards. All holidays observed by central Government or the Industrial organizations are not national holidays. The said holiday was not compulsory for all the states of India. A national holiday is compulory to be observed by all the organizations including industrial and private organization throughout India (including state Governments and other organizations there) and for all the years to come.
So, your notion about the holiday of 14th April is misleading. It was declared as a general holiday specifically for the year 2010 only, and not as a national holiday.

4th October 2010 From India, Delhi

Can you please indicate the State to which the establishment belongs to? This is just to verify whether the Act/Rules of that State cater for such a hefty penalty!
4th October 2010 From India, Madras

Are the employees of shops and establishments entitled to any additional holidays over and above leave with pay?: In addition to annual leave with pay an employee of a shop or re-establishment is entitled to a paid holiday on 26th January, 1st May, 15th August and 2nd October every year. {Section 35(4)}
10th August 2011 From India, Pune

Dear All, please let me know, if the weekly holiday of a employee fall on national holiday ,can he has entitlement for compensation . regards Rajvir Singh
11th August 2013 From India, Chandigarh

So. Do we need to take permission from any authorities to work on a National Holiday, or we can just carry on with daily operations ensuring employees are paid twice of what there daily wages.
In case any permission is required, where to address it to
18th September 2013 From India, Delhi

Dear all
Only three holidays - 26th Jan (Republic Day), 15th Aug (Independence Day) and 2nd Oct (Gandhi Jayanthi) are commonly observed through out our Nation. Some States like Tamil Nadu has declared 1st May as additional Compulsory Holiday under the Tamil Nadu Industrial Establishments (National & Festival Holidays) Act 1958. All other holidays as and when any Government declares will be under the Negotiable Instruments Act 1881 and it will not be applicable to any private Industrial Establishments. Regards N Nataraajhan, Sakthi Management Services
23rd March 2014 From India, Bangalore