Inclusion Of Public Holiday Instead Of National Holiday Falls On Sunday

I am working in the HR department of an IT company, Kolkata. I have to prepare the Holiday list for 2014 and must submit it to the Management by November 1st week. We have 14 holidays in a calender year in our organization. While preparing the Holiday list of 2014 I find a National Holiday i.e. Republic Day falls on Sunday. I just want to know to maintain the numbers of holidays can I include other public holiday (Janmashtami or Saraswati Puja or Sivratri) instead of Republic day? Or it is mandatory to include Republic day although it is a Sunday?
Here I think comes the question of employee benefits also. I really need advice.
Please Help.

Number of paid holiday to be given is at company's discretion ( Other than National Holiday ) If any National Holiday coming on Weekly off then whether to provide alternate off or not is at Company's discretion.
In some company's number of Annual Holiday / Paid Holiday is given in Certified Standing Orders in that cases Company has to maintain the number to compensate any holiday which is falling on Weekly Off.

While preparing the list of holidays, you can show Republic Day as Holiday though falling on Sunday, being National Holiday .Howver you can declare any other fetival day as hloliday as the total number of public holidays other than weekly offs does not exceed the permissible number of 14 public holidyas.
B.Saikumar
HR & Labour law Advisor

It is advised to show the National Holiday in the Holiday list and as said by others too, its the discreation to add any other holiday. In 2014, your holidays list will have 1 additional.
Regards
Chakradhar Reddy.

Check the national & festival holidays Act of West Bengal ,if any,.If it says that if a national holiday falls on Sunday another festival holiday shall be allowed additionally.then it shall be given.If not it is Co's policy.
Varghese Mathew
9961266966

As per WB S&E Act, you have to extend 5 National Holiday including Netaji Subhas Chandra's Birthday (23rd January), please check if it has been incorporated in your list of NH, else you can include it in you NFH list otherwise you can include any festival holiday to maintain the number.
Thanks....
Sandip
UCSPL- Labour Law Consultant
Kolkata
9331911299

This must be examined in the context of an employee working on that particular National Holiday which falls on Sunday or on weekly off.
Generally there is no Over time practice in IT Companies. National and Festival Holidays act specifies payment of extra wages in case an employee is called to work on any National and Festival Holiday.
If a national Holiday falls on Sunday, and if an Organisation decides to declare another Holiday which is a festival, they can do so and it is an extra benefit. But if an employee is called to work on the Sunday on which the National Holiday falls, then the employee is eligible for the extra wages. Generally these issues are common in manufacturing and service sector where Extra wage is a common issue. IT Industries in general avoid OT.
It is better to stick to legal position rather than granting extra holiday. Already 14 days of Holiday is on the higher side.

Dear Mehul
Though Jan 26 falls on Sunday, as it is a National Holiday, it has to find a place in the Holiday list. However, you can convince your Management, and add one more (festival) day as holiday.
V Chithranath

Thank you All. I have discussed it with my management, convinced them and prepared the final list. It is true that we don't have the practice of OT. So we have placed the Republic day in our list and marked it Sunday and instead of that leave we have declared to take an extra day off from the optional holiday (which is usually 2 out of 5/6 holiday in a calender year) or a comp off during the year. The Management and the team is quite happy with the list & BODs have approved it.
Thanks again !!

National Holiday even if it falls on Sunday it has to be shown as a declared holiday. It is advisable to include.