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kani-krishnan
Dear Expert, I hope this message finds you well. I have a question regarding the company's policy regarding holidays and leave. On October 2nd (National holiday), the company operated despite it being a designated holiday. However, on the same date, a few employees took leave.

In such a situation, could you kindly clarify whether the day should be considered a holiday or as Leave Without Pay (LOP), according to policies?

Note: According to our policies, employees providing holiday support will receive one day's salary and an alternative day off.

Your guidance on this matter would be greatly appreciated.

Warm Regard
Kani Krishnan

From India, Vellore
vmlakshminarayanan
947

Hi,

If your company declared 2nd Oct,2023 as Holiday ( as per your NH/FH Holiday list) then it is National Holiday and you cannot expect employees to come and work. You cannot treat leave without pay for those cases. For employees who supported compensatory off can be given.

From India, Madras
kani-krishnan
Thank you for your wonderful comments Mr. Lakshmi Narayanan,
From India, Vellore
pasupathi.uma25@gmail.com
6

As far as I know, 2nd October every year is a National Holiday through out the Country and no employer has option to change the same. It is so for 26th Jan, 1st May and 15th August. The Festival Holidays only optional and will differ according to Place.
Now Coming to your query
A) Those who did not appear for work on the National Holiday, if they were not Required by the employer, through Form V-A , are eligible for Wages/ Salary.

B) Those who attended work on the National Holiday as per the requirement of the employer through Form V-A, have the OPTION TO CHOOSE (I) another Holiday with wages/ salary OR Another Wage / Salary for the day he worked.

In other words choosing either of the two aforementioned is EMPLOYEE'S CHOICE:-& employer can not decide or dictate.

One more information , if the employee did not attend work even after being called or required as per Form V under the Act, he will not be eligible for Wages/ Salary Ref Judgement Management vs workmen of Madura Coats Limited Madurai

From India, Chennai
PRABHAT RANJAN MOHANTY
589

The national holidays are paid holidays for whole of the country.
The employees or workmen are being paid or get benefits as per the rules of the state or national, remain the appropriate authorities. The employees called for work on day national holidays attracts payment@ double the rate or with a leave in lieu or as subscribed in rules. In case of absent on day, shall be treated as present and single wages provided meets the eligibility norms.

From India, Mumbai
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