Inclusion Of Public Holiday Instead Of National Holiday Falls On Sunday

I am working in the HR department of an IT company in Kolkata. I have to prepare the Holiday list for 2014 and submit it to the Management by the first week of November. We have 14 holidays in a calendar year in our organization. While preparing the Holiday list for 2014, I noticed that Republic Day, a National Holiday, falls on a Sunday. I am wondering if to maintain the number of holidays, can I include another public holiday (Janmashtami or Saraswati Puja or Shivratri) instead of Republic Day? Or is it mandatory to include Republic Day even though it falls on a Sunday?

Here, I believe the question of employee benefits also arises. I really need advice. Please Help.

Number of paid holidays to be given is at the company's discretion (other than National Holidays). If any National Holiday falls on a weekly off, then whether to provide an alternate off or not is at the company's discretion.

In some companies, the number of Annual Holidays/Paid Holidays is specified in Certified Standing Orders. In such cases, the company must maintain the number to compensate for any holiday that falls on a weekly off.

While preparing the list of holidays, you can show Republic Day as a holiday even though it falls on a Sunday, as it is a National Holiday. However, you can declare any other festival day as a holiday as long as the total number of public holidays, other than weekly offs, does not exceed the permissible limit of 14 public holidays.

B. Saikumar HR & Labour Law Advisor

It is advised to show the National Holiday in the holiday list. As others have also mentioned, it is at your discretion to add any other holidays. In 2014, your holiday list will have one additional holiday.

Regards,
Chakradhar Reddy.

Check the National and Festival Holidays Act of West Bengal, if any. If it states that if a national holiday falls on a Sunday, another festival holiday shall be allowed additionally, then it shall be given. If not, it is the company's policy.

Varghese Mathew
9961266966

As per the WB S&E Act, you have to extend 5 National Holidays, including Netaji Subhas Chandra's Birthday (23rd January). Please check if it has been incorporated into your list of National Holidays. If not, you can include it in your National Festival Holidays 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 a weekly off. Generally, there is no overtime practice in IT companies. The 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 organization 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 sectors where extra wage is a common issue. IT industries, in general, avoid OT.

It is better to stick to the legal position rather than granting an 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 a 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 overtime. So we have placed Republic Day on our list and marked it as Sunday. Instead of taking that day off, we have declared to take an extra day off from the optional holidays (which are usually 2 out of 5/6 holidays in a calendar year) or a comp day off during the year. The management and the team are quite happy with the list, and the Board of Directors has approved it.

Thanks again!

National holidays, even if they fall on a Sunday, must be shown as declared holidays. It is advisable to include.

Dear seniors,

I am working in the garment industry in Tamil Nadu. Here, we have OT practices, and as I read, we can choose festival holidays and national holidays, but we cannot change them. So, now, what do I have to do if a national holiday falls on a Sunday? Here, we have employees who are paid weekly wages. Should I give wages for the Sunday, or what should I do...

Looking forward...!!!

Thanks & Regards, Naveen Raju