Security Contractor wants double Pay for Independence Day

Our Security Contractor wants double Pay for Independence Day. Is that given or not ???

For the security personnel on duty on Independence Day, the double payment is necessary. Pl. get full idea on the National & Holidays Act applicable to you. Ask the contractor to provide you the government notification in this regard.

you have to give pay for independence day as well as double payment for work on that day.

Every employee works for 6 days in a week and avails 7th day as weekly holiday. General workers have a fixed day in a week as weekly holiday e.g. Sunday. Security, maintenance have a staggered weekly holiday. If a declared paid holiday falls on the weekly holiday of the employee, whether regular or staggered, he gets 1 days wage in addition to his daily wage, if he is entitled . In some cases workers are monthly rated. They get only one day wage of paid holiday. No overtime rate.

In case of contractor, he is given a job to perform. What wages the contractor pays to his workers is his lookout, subject to minimum wages. Contractor is to deliver the results within the agreed time. There arised no question of payment of extra, overtime wages of a paid holiday. Principal employer is not to bother.

If I am the Personnel Officer of the Contractor, the rules of permanent workers are not applicable to my workers. They are paid on daily basis. Paia holiday is a luxury for permanent workers. Contract workers will get wages for the day on which they work. If the establishment is closed for paid holiday, the contract workers will also not come to work. So either way, no problem,

Vibhakar Ramtirthkar.

Human being are not machines. They have emotions, feelings and social activities. As per law any failure on the part of the contractor will be the responsibility of PE ( Minimum wages, PF & ESI Contribution, OT as per rule , Leave as per rule etc.).

In the instant case the Security contractor is providing Security Guard, Supervisors etc, obviously for 24 x 7 . Usual practice is where the guards are engaged , they enjoy paid festival holidays for the days the organization is closed due to paid festival holidays or as per policy of the Security agency. Under any circumstances the PE cannot avoid the responsibility of compliance is made by the contractor. There are big industry house - Steel Plants, Cement plants etc where is contract labor cell only to check the compliance status of the contractor where the contract labors are entering and working at the premises of the PE.

To my opinion the contract labors should be treated as human being and PE must be alert about the compliance status of the contractor.

IN the instant case the security guards who were on duty for 15th August must get OT to be paid by the Security agency as per contract terms and conditions between Contractor and PE. Two National holidays is must for every State - 15th August and 26th January when if any one engage for work, must get OT.

S K Bandyopadhyay ( WB, Howrah)
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Section 21(4) of the CLRA Act,1970 enjoins vicarious liability for payment of wages, overtime wages and festival holidays wages.
Further Supreme Court held in its judgment in B.H.E.L Workers Union, Haridwar & Others v Union of India that no particular distinction should be made only on the basis of the contract labor and contract labor are entitled to the same wages, holidays, hours of work and conditions of service as applicable to workmen directly employed by the principal employer of the establishment on the same or similar conditions of work.
As rightly pointed out by Mr.S K Bandyopadhyay , the security guards who were on duty for 15th August must get similar wage claculated as being calculated for permanent workmen.

Any worker who worked on a notified holiday shall be paid additional pay as per statute. No discrimination shall be shown whether permanent, temporary, contract etc.. Any worker fulfilling the preconditions for eligibility shall be paid.
However, If PE incorporates holiday pay in terms of contract and wage rates then it is the responsibility of contractor, otherwise PE shall pay.