wages act - Rightsofemployees.com

Working Hours in Office

Rightsofemployees — Mon, 29 Jan 2018 02:27:18 +0000

Hours of work. –

No adult shall be employed or allowed to work about the business of an establishment for more than nine hours on any day or 48 hours in any week and the occupier shall fix the daily periods of work accordingly.

Provided that during any period of stock taking or making of accounts or any other purpose as may be prescribed, any adult employee may be allowed or required to work for more than the hours fixed in this section, but not exceeding 54 hours in any week subject to the conditions that the aggregate hours so worked shall not exceed 150 hours in a year.

Provided further that advance intimation of at least three days in this respect has been given in the prescribed manner to the Chief Inspector and that any person employed on overtime shall be entitled to remuneration for
such overtime work at twice the rate of his normal remuneration calculated by the hour.

Payment of Wages Act 1936

Rightsofemployees — Sun, 28 Jan 2018 15:56:17 +0000

Payment of Wages Act, 1936

The Payment of Wages Act, 1936 regulates payment of wages to employees (direct and indirect). The act is intended to be a remedy against unauthorized deductions made by employer and/or unjustified delay in payment of wages.

Regular Pay

Payment should be made before the 7th day of a month where the number of workers is less than 1000 and 10th day otherwise. The wage-period shall not exceed 1 month. The Act is applicable only to employees drawing wages not exceeding Rs. 6500 a month. ^[20]

Mode of Payment

Under the act, payment has to be made in currency notes or coins. Cheque payment or crediting to bank account is allowed with consent in writing by the employee. (Section 6)

Also Read : How to Check Your PF Statement

Deduction from Wages

Employer is allowed to effect only authorized deductions, as specified in the Act. This include:

Fines:

- - Deductions for absence from duty,
  - Deductions for damage to or loss of goods made by the employee due to his negligence,
  - Deductions for house-accommodation supplied by the employer or by government or any housing board,
  - Deductions for such amenities and services supplied by the employer as the State Government or any officer,
  - Deductions for recovery of advances connected with the excess payments or advance payments of wages,
  - Deductions for recovery of loans made from welfare labour fund,
  - Deductions for recovery of loans granted for house-building or other purposes,
  - Deductions of income-tax payable by the employed person,
  - Deductions by order of a court,
  - Deduction for payment of provident fund,
  - Deductions for payments to co-operative societies approved by the State Government.
Deductions for payments to a scheme of insurance maintained by the Indian Post Office
- Deductions made if any payment of any premium on his life insurance policy to the Life Insurance Corporation with the acceptance of employee,
- Deduction made if any contribution made as fund to trade union with the acceptance of employee,
- Deductions, for payment of insurance premia on Fidelity Guarantee Bonds with the acceptance of employee,
- Deductions for recovery of losses sustained by a railway administration on account of acceptance by the employee of fake currency,
- Deductions for recovery of losses sustained by a railway administration on account of failure by the employee in collections of fares and charges,
- Deduction made if any contribution to the Prime Minister’s National Relief Fund with the acceptance of employee,
- Deductions for contributions to any insurance scheme framed by the Central Government for the benefit of its employees with the acceptance of employee.

Limit for deductions [Sec 7 (3)]
The total amount of deductions from wages of employees should not exceed 50%, but only in case of payments to co-operative societies, deduction from wages of employee can be made up to 75%.

Claims for excessive deduction and Non Payment

Employers individually or through trade union can approach the authority (Labour Office) for relief. (Section 15, 16, 17)

Pension Policy

Rightsofemployees — Sun, 28 Jan 2018 03:32:42 +0000

Pension Policy for employees for social benefit

What does law say about the pension policy for employees?

In India there is an Act called as The Employees’ Pension Scheme, 1955 which is applicable to all factories and other establishments to which the Employees’ Provident Funds and Miscellaneous Provisions Act, 1952 applies. This Scheme is meant for members of the Provident Funds subscribing to Employees’ Provident Fund Scheme, 1952 or any scheme exempted thereunder. The pension policy is introduced as a social policy to the employees to survive their livelihood after the age of retirement. This is a social benefit by which the employees do not need to worry about their sustenance in their later stage of live.

What are the eligibility criteria for availing this facility of pension?

There are two forms of membership availability under the scheme:

- Membership of the scheme under The Employees’ Pension Scheme, 1955 is compulsory for – All Provident Fund subscribers including those employed in Exempted Establishments contributing to the Employees’ Family Pension Scheme 1971, and – To all new entrants to the Provident Funds Scheme, 1952 from November 16, 1995 onwards, automatically become members of the Employees’ Pension Scheme.

Membership under the scheme is also available on Optional basis – Existing members of exempted and un-exempted Provident Fund Scheme as on November 15, 1995 who are not members of the Family Pension Scheme, 1971. – Members of the Family Pension Scheme, 1971 who left employment between April 1, 1993 to November 15, 1995 whether they have withdraw their benefits of not. – Beneficiaries of Family Pension Scheme, 1971 who have died on or after April 1, 1993.

What are the benefits available to members under this Scheme?

The benefits that are provided to the members under the Employees’ Pension Scheme, 1995 are:

Pension Payment for life on Retirement/Superannuation.
Pension Payment for life on invalidation during employment.
Lump sum amount payment to the member by way of commutation of Pension upto one third pension amount on optional basis.
Capital return in option formula basis upon cessation of members pension payment.

What are the benefits available to family members upon death of the member?

The benefits that are provided to the family members upon the death of the member are as follows:

- Payment of pension to spouse for life or until remarriage.
- Payment of pension to children (two at a time) till they attain the age of 25 years additionally along with pension payment to spouse. For total and permanently.
- Orphan Pension to children at higher rate upon cessation of Pension Payment to spouse.
- To Nominee / Dependant parents for life in case member is unmarried or having no eligible family member.

What are the causes of death that are covered under the scheme for members for eligibility for payment of pension after death?

The scheme covers members death risk unconditionally – irrespective of whether such death occurs:

While in service.
Away from employment and not contributing to the fund, or
After retirement as a pensioner.

Is there a provision facilitating benefits for seasonal or casual employees under the scheme?

There are following provisions that are specified to facilitate the seasonal or casual employees:

Employees engaged seasonally in any establishment, the period of “actual service” in any year, notwithstanding that such service is less than a year, shall be treated as full year.
Pensionable salary will be worked out “Notionally” for full month in the event if drawal of salary for a part of the month.
Pensionary benefits shall be extended to the members without co-relating compliance by the employer of the establishment

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Unemployment Benefits

Rightsofemployees — Sun, 28 Jan 2018 03:26:03 +0000

Unemployment Benefits

Unemployment Allowance is provided to workers losing their jobs under no fault of their own (on account of closure of factories, retrenchment or permanent invalidity of at least 40% arising out of non-employment injury). Unemployment allowance is the 50% of an insured worker’s daily average earnings. It is paid up to one year to the workers who have paid contributions for at least 3 years. During this time, free medical care is also provided to beneficiaries and their dependents.

How to Claim Unemployment Benefits

State Unemployment Benefits

Eligibility for unemployment insurance, benefit amounts and the length of time benefits are available are determined by state law and vary depending on where you live. Information on eligibility for state unemployment compensation is available on the state unemployment office website for your state.

The unemployment compensation you will receive will depend upon the amount you earned while working. In addition, there are eligibility requirements to qualify for unemployment benefits including working a certain number of weeks.

Regular unemployment benefits are paid for a maximum of 26 weeks, less in some states. In many states, the compensation will be half your earnings, up to a maximum amount. The maximum varies by location.

Federal Unemployment Benefits

There are no federal unemployment benefit programs in effect. Those benefits, known as an unemployment extension, provided additional weeks of unemployment compensation for the long-term unemployed.

Extended unemployment benefits, including Emergency Unemployment Compensation (EUC) and Extended Benefit (EB) programs were available to workers who had exhausted regular state unemployment insurance benefits during periods of high unemployment prior to 2014.

Unemployment Eligibility

In order to receive unemployment compensation, workers must meet the unemployment eligibility requirements for wages earned or time worked during an established (one year) period of time.

In addition, workers must be determined to be unemployed through no fault of their own

Disqualification from Unemployment

The following circumstances may disqualify you from collecting unemployment benefits, depending on state law:

Quit without good cause
Fired for misconduct
Resigned because of illness (check on disability benefits)
Left to get married
Self-employed
Involved in a labor dispute
Attending school

Unemployment Benefits

Regular benefits are paid for a maximum of 26 weeks in most states. Some states provide benefits for fewer weeks.
In many states, the compensation will be half your earnings, up to a maximum amount.
Benefits are subject to Federal income taxes and must be reported on your Federal income tax return.

When to File

Filing for unemployment should be the first item on your agenda when you’ve been laid off. It might take two or three weeks to collect a check, so the sooner you file, the faster you’ll get paid. A delay in filing will mean a delay in collecting.

How to File for Unemployment
You may be able to file for unemployment online or over the phone. Review the information you will need to open a claim. Then, visit your state unemployment office to determine the best way to open a claim and to get started collecting unemployment.

In general, to file a claim you will need:

- Social Security Number
- Alien Registration Card if you’re not a US citizen
- Mailing address including zip code
- Phone number
- Names, addresses and dates of employment for all your past employers for the last two years

Getting Paid

It generally takes a few weeks after your claim to receive your first unemployment benefit check, direct deposit or debit card. Some states require a one-week waiting period; therefore, the second week claimed is the first week of payment.
Once your claim is approved, you should be able to file weekly online, by phone or by mail.

Unemployment When You Quit

Can you collect unemployment if you quit your job? It depends. In most cases, if you voluntarily left employment you are not eligible. However, if you left for “good cause” you may be able to collect.

“Good cause” would be determined by the state unemployment office and you will be able to make a case for why you are eligible for benefits. If your claim is denied, you should be entitled to a hearing where you can plead your case.

How to File an Unemployment Appeal

If you have filed an unemployment benefits claim and your claim is turned down or contested by your employer, you have the right to appeal the denial of your unemployment claim. Here’s how to file an unemployment appeal.

State Requirements for Unemployed Workers

Registering with the state job service and actively seeking work is a requirement while collecting unemployment. You must be ready, willing, available, and able to work. The Job Service may require job seekers to apply for jobs, submit resumes, and not turn down a position if it meets certain standards.

Your state Job Service Offices are excellent resources to assist with a job search. Many free services are offered including job listings, career counseling, resume and cover letter writing help, and training. Take advantage of the help they can give you – it will make your job search easier.

How to Contact an Unemployment Office

To find your local unemployment office, and other helpful information, visit the Department of Labor website.

It can be hard to get through to an unemployment office on the phone. Most states want claimants to file online, and it can be difficult to locate a phone number if you have a question or need to talk to a representative about your claim.

However, in some situations, the only way to get a definitive answer or clarification is to talk to an actual person. The FAQ sections of most state unemployment websites don’t cover all circumstances, and unemployment claims can be complicated.

Phone numbers are usually listed in the “Contact Us” section of your state unemployment office website.

A quick and easy way to find a telephone number or email address for your unemployment office is to search Google using your state’s name, unemployment office and phone number. For example, searching Google for “New York unemployment phone” brings me directly to the contact information page for the NYS Department of Labor’s Unemployment Insurance contact page.

If English is not your first language, some states have telephone claims lines in other languages. For examples, California provides separate phone numbers for English, Spanish, Cantonese, Mandarin, and Vietnamese speaking customers. If available, information on alternative phone numbers will also be listed on the contact page for the unemployment office.

You may also be able to contact claims staff by email, but do not send any confidential information in your email message.

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Gratuity

Rightsofemployees — Sun, 28 Jan 2018 03:02:46 +0000

Provisions for the payment of Gratuity to the employees as prescribed under the Act

Gratuity Benefits in India:Payment of gratuity Act 1972 extends to the whole of India and is applicable to all factories, mines, oilfields, plantations, ports, railway companies etc.

Payment of Gratuity to employees a statutory duty on an employer

The Payment of Gratuity Act was enacted in 1972 and applies to every shop or establishment within the meaning of law for the time being in force in a State in which 10 or more persons are employed or were employed on any day of the preceding 12 months. This Act provides a social security cause with it and has been enacted from the word “gratuitous”. It is a form of gratitude by the employer towards the employee who has served his organisation for 5 years or more.^[1]

Gratuity shall be payable to an employee on termination of his employment after he has rendered continuous service for not less than five years – (a) On his superannuation, or (b) On his retirement, resignation, or (c) On his death or disablement due to accident or disease. An employer will be liable to pay gratuity to the legal heirs/nominees of the deceased employee even if the employee had not completed five years of service. For every completed year of service or part thereof in excess of six months the employer shall pay the gratuity.

Continuous Service Means:

Section 2A of the Act provides the definition of “continuous service” which says that service been uninterrupted for that period, interruption which may on account of sickness, accident, leave, absence from duty without leave not being absence in respect of which an order treating the absence as break in service has been passed. For the period of one year employee is deemed to have rendered continuous service for 240 days.

Formula for the calculation of Gratuity:

Gratuity = Last drawn month’s salary x 15days

_____________________ x Number of service years completed

Gratuity is calculated at 15 days wages last drawn by the employee for each completed year of service. The monthly wage is divided by 26 and multiplied by 15. In computing a completed year of service the period in excess of six months shall be taken as a full year.

For seasonal workers the formula for the calculation of gratuity is

Gratuity = Last drawn month’s salary x 7days

_____________________ x Number of service years completed

Maximum amount of gratuity payable under the Act is Rs. 10 lakhs ^[2] w.e.f. January 1, 2007.

Forfeiture of Gratuity:

The gratuity payable to an employee shall be wholly forfeited for the following reason mentioned:

If the service of such employee has been terminated for his riotous or disorderly conduct or any other act of violence on his part; or
If the service of such employee is terminated for any act which constitutes an offence involving moral turpitude provided that such offence is committed by him in the course of his employment. In order to forfeit gratuity of an employee, there must be termination order containing charges as established to the effect that the employee was guilty of any of the aforesaid misconducts. In one case, it has been held that in the absence of termination order containing any of the above allegations, the gratuity of an employee cannot be forfeited.

Duty of employer to pay gratuity and mode for payment:

Section 4 of the Act mentions the obligation on an employer of an establishment to consider the case of each employee in the matter of payment of gratuity to him. The employer shall arrange to pay the amount of gratuity within 30 days from the date it becomes payable to the person to whom the gratuity is payable. If the amount of gratuity payable under the section is not paid by the employer within the period specified, from the date on which the gratuity becomes payable he will have to pay simple interest on it at the rate not exceeding the rate notified by the Central Government from time to time.

The mode for the payment of gratuity is prescribed under section 9 of the Payment of Gratuity Act, 1972. The said section contemplates that gratuity payable under the Act should be paid in cash, or if so desired by the payee, by demand draft or bank cheque to the eligible employee, nominee or legal heir, as the case may be.

Penalties:

Imprisonment for 6 months or fine upto Rs. 10,000 fir avoiding to make payment by making false statement or representation
Imprisonment not less than 3 months and upto one year with fine on default in complying with the provisions of Act or Rules

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Provident Fund act (PF)

Rightsofemployees — Sun, 28 Jan 2018 02:49:52 +0000

Amendments In The Employees’ Provident Fund Act In India

The Ministry of Labour and Employment, Government of India has, with effect from 1 September 2014, brought into force several important amendments to the schemes framed under the Employees’ Provident Funds and Miscellaneous Provisions Act, 1952 (“EPF Act”) i.e. (i) The Employees’ Provident Funds Scheme, 1952 (“PF Scheme”); (ii) The Employees’ Pension Scheme, 1995 (“Pension Scheme”); and (iii) The Employees’ Deposit-linked Insurance Scheme, 1976 (“Insurance Scheme”).

Key Amendments

PF Scheme

- The definition of ‘excluded employee’ has been amended whereby the members drawing wages exceeding INR 15,000 per month are excluded from the provisions of the PF Scheme. Accordingly, the wage ceiling for an employee to be eligible for the PF Scheme has been increased from INR 6,500 per month to INR 15,000 per month.

Pension Scheme

New members (joining on or after 1 September 2014) drawing wages exceeding INR 15,000 per month shall not be eligible to voluntarily contribute to the Pension Scheme.
The maximum pensionable salary for the purpose of determining the monthly pension has been revised from INR 6,500 to INR 15,000 per month.
The pensionable salary shall be calculated on the average monthly pay for the contribution period of the last 60 months (earlier 12 months) preceding the date of exit from the membership.
The monthly pension for any existing or future member shall not be less than INR 1,000 for the financial year 2014-15.

Insurance Scheme

The contribution payable under the Insurance Scheme shall now be calculated on a monthly pay of INR 15,000, instead of INR 6,500.
In the event of death of a member (on or after 1 September 2014), the assurance benefits available under the Insurance Scheme has been increased by twenty percent (20%) in addition to the already admissible benefits.

Implications of the Amendments

The amendments to the three schemes by the Government of India, post the proposal made by the Union Minister of Finance in his Union Budget speech (for the financial year 2014-2015), have enhanced the applicability, scope and benefits provided to employees under the EPF Act. However, at the same time, it has also increased the liability of the employers who would now be responsible to enroll additional eligible employees and to contribute on the increased statutory wage ceiling.

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Employees State Insurance (ESI)

Rightsofemployees — Sun, 28 Jan 2018 02:29:06 +0000

ESIC

ESIC scheme was inaugurated in Kanpur on 24^th February 1952 (ESIC Day) by then Prime Minister Pandit Jawahar Lal Nehru. The venue was the Brijender Swarup Park, Kanpur and Panditji addressed a 70,000 strong gathering in Hindi in the presence of Pt. Gobind Ballabh Pant, Chief Minister Uttar Pradesh, Babu Jagjivan Ram, Union Labour Minister, Raj Kumari Amrit Kaur, Union Health Minister, Sh.Chandrabhan Gupt, Union Food Minister and Dr.C.L.Katial, the first Director General of ESIC.

ESIC scheme was simultaneously launched at Delhi as well and the initial coverage for both the centers was 1,20,000 employees. Our first Prime Minister was the first honorary insured person of the Scheme.

The Employees’ State Insurance Scheme is an integrated measure of Social Insurance embodied in the Employees’ State Insurance Act and it is designed to accomplish the task of protecting ‘employees‘ as defined in the Employees’ State Insurance Act, 1948 against the impact of incidences of sickness, maternity, disablement and death due to employment injury and to provide medical care to insured persons and their families. The ESI Scheme applies to factories and other establishment’s viz. Road Transport, Hotels, Restaurants, Cinemas, Newspaper, Shops, and Educational/Medical Institutions wherein 10 or more persons are employed. However, in some States threshold limit for coverage of establishments is still 20. Employees of the aforesaid categories of factories and establishments, drawing wages upto Rs.15,000/- a month, are entitled to social security cover under the ESI Act. ESI Corporation has also decided to enhance wage ceiling for coverage of employees under the ESI Act from Rs.15,000/- to Rs.21,000/-.

The ESI Scheme is financed by contributions from employers and employees. The rate of contribution by employer is 4.75% of the wages payable to employees. The employees’ contribution is at the rate of 1.75% of the wages payable to an employee. Employees, earning less than Rs. 137/- a day as daily wages, are exempted from payment of their share of contribution.

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Working Hours and Overtime Pay in India

Rightsofemployees — Fri, 26 Jan 2018 16:45:01 +0000

As per the Factories Act 1948, every adult (a person who has completed 18 years of age) cannot work for more than 48 hours in a week and not more than 9 hours in a day. According to Section 51 of the Act, the spread over should not exceed 10-1/2 hours.

How many hours (maximum) per day, week and year can a person work?

The Minimum Wages Act, 1948 also specifies about the working hours under the rules 20 to 25 that the number of work hours in a day should not exceed 9 hours for an adult.

What are provisions under the labour law for over time in India?

Act	Provisions under the Act
Factories Act, 1948 Details are mentioned regarding the working hours, spread over and overtime in Sec. 51, 54 to 56 & 59 of the Act :	Under Sec. 59 it is mentioned that where a worker works in a factory for more than 9 hours in any day or for more than 48 hours in any week, he/she shall, in respect of overtime work, be entitled to receive wages at the rate of twice his/her ordinary rate of wages.
Mines Act, 1952	Under Sec. 28 to 30 of the Act it is mentioned that no person employed in a mine shall be required or allowed to work in the mine for more than 10 hours in any day inclusive of overtime.
Minimum Wages Act, 1948	Under Sec. 33 it is mentioned that for overtime wages are to be paid at the rate of twice the ordinary rates of wages of the worker. It mentions that the employer can take actual work on any day upto 9 hours in a 12 hours shift. But he must pay double the rates for any hour or part of an hour of actual work in excess of nine hours or for more than 48 hours in any week. Sec. 14 of the Act mentions that any worker whose minimum rate of wages are fixed with wage period of time, such as by hour, by the day or by any such period and if a worker works more than that number of hours, it is considered to be overtime. In case if the number of hours constituting a normal working day exceeds the given limit, then the employer will have to pay him for every hour or for part of an hour for which he has worked in excess at the overtime rate.
Bidi and Cigar Workers (Conditions of Employment) Act, 1966	Under Sec. 17 & 18 of the Act relating to working hours, it is mentioned that the period of work including over time work should not exceed 10 hours in a day and 54 hours in a week.
Contract Labour (Regulation & Abolition) Act, 1970	As per Rule 79 of the Act, it is compulsory for every contractor to maintain a Register of Overtime in Form XXIII which will contain all details relating to overtime calculation, hours of extra work, name of employee, etc.
Building and Other Construction Workers (Regulation of Employment Service) Act, 1996	Under Section 28 & 29 of the Act, it is mentioned that worker who is working overtime will be paid Overtime wages at the rate of twice the ordinary rate of wages.
Working Journalist (Conditions of Service) and Miscellaneous Provisions Act, 1955	As per Rule 10 of the Act, it is mentioned that a working journalist who works for more than 6 hours on any day in day shift and more than 5½ hours in night shift shall be compensated with rest hours equal to hours for which he/she has worked overtime.
Plantation Labour Act, 1951	As per section 19 of the Act where an adult worker works in any plantation on any day in excess of the number of hours constituting a normal working day or for more than 48 hours in any week, he/she shall, in respect of such overtime work, be entitled to twice the rates of ordinary wages. Provided that no such worker shall be allowed to work for more than 9 hours on any day and more than 54 hours in any week.

What is said about work on short notice?

As per the Chapter VI of the Factories Act, 1948, the notice period of work, fixed in accordance with the provisions of Act should be displayed in the factory. It also mentions that any proposed change should be notified to the Inspector, before the change is made.

Women and work hours

What are provisions relating to work time of women under the law?

Section 66 of the Factories Act, 1948 imposes restriction on employment of women to work between 7.00 pm to 6.00 am. However, the Chief Inspector is empowered to grant relaxation, but in that case women are not permitted to work between 10.00 pm to 5.00 am.

Work days & break period

What does the law say about working days?

Factories Act, 1948 specifies that weekly holiday on the first day of the week, which is Sunday or may be any other day, as may be approved in writing by the Chief Inspector of Factories, for a particular area is necessary.

Under Section 52, there is provision for substitution of weekly holiday so that by complying with the requirements of this section, workers may be permitted to work on the day of weekly holiday. Provision also specifies on allowing compensatory holiday, in lieu of unavailed weekly holiday.

What does the law say about breaks?

As per the provisions of the Factories Act, 1948 a rest interval of at least half an hour should be provided, in such a way that no period of work shall exceed 5-1/2 hours.

According to Minimum Wages Act, the working day of an adult worker shall be so arranged that inclusive of the interval of rest it shall not exceed 12 hours on any day.

Work hours for young workers

What are the provisions relating to work time for young person?

The young person as per provision of Factories Act, 1948 is defined as “child” or “adolescent” (a person who has completed 15 years of age, but not completed 18 years of age). It mentions that working hours of child workers are limited to 4-1/2 hours a day. It also specifies that the spread-over should not exceed 5 hours. The provisions of the Act also specify that female child workers are prohibited to work between 7.00 pm to 8.00 am as per Section 71.

As per the Minimum Wages Act, 1948 the number of hours of work for adolescent shall be fixed by the medical practitioner as approved by the Government, which be decided on consideration of adolescent as an adult or child. The child should, however, not be allowed to work for more than 4-1/2 hours on any day.

The Apprentices Act, 1961

The act mentions that the daily hours of work of an apprentice shall not be more than 8 hours per day and weekly hours not less than 40 hours but not more than 45 hours. However, a short term apprentice may however be engaged to work up to a maximum limit of 48 hours per week. The hours of training of apprentice should not be between 10.00 pm to 6.00 am except with the prior approval from the Apprentice Advisor.

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Entitled for double wages of that national holiday in which you have worked.

Rightsofemployees — Fri, 26 Jan 2018 14:52:22 +0000

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.

But if for some reasons, on these national holidays if the employers wish to keep their organization functional, they need to obtain prior permission from concerned authorities. Also, the workers who work in organization on these national holidays are entitled to receive double wages for the day. (Though these national holidays are a matter of Central legislature, some states do have made provisions for compensatory leave to the workers who have worked on these national holidays, and this is over and above double wages for that day.

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