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.
The festival holiday are decided based on the local festival of that locality and are granted to the employee’s in accordance with the company policies.
# What is the law relating to working on national holidays?
All the organisations need to remain closed on the three national holidays. But in case due to some reasons if the organisation needs to be functioning on these days, they need to take prior approval from concerned authority. And the employees those are functioning are entitled to get double wages for the day, and some of the states have placed the provision to claim for compensatory leave. The matter concerning to national holidays is subject of Central Legislation, though some states do have made provisions for compensatory leave to the workers who have worked on these national holidays or paying them double wages.
-Compensatory Off in case of National Holiday or Holiday : Compensatory off should be given within 90 days of national holiday or holiday for which employee has worked along with one day average daily wage.
** There are provisions relating to National Holidays which are mentioned under Shops and Establishment Act of the concerned states. So there applicability depends upon the state legislation. These state laws provide provisions for holidays that are to be provided by establishments to the person employed in the jurisdiction of that state.
** Generally Factories and other establishments in the private and public sector relating work days are provided in the Standing Orders of establishments as per the Industrial Employment (Standing Orders) Act, 1946. In which provisions relating to employees working on various days as per the requirement of the organisation is mentioned and specification is given regarding their off days for working.
Regards,
Amit