My employer in Darbhanga is making me work on national holidays without extra pay, is this legal?
AR Asked by Arjun Nair from India
Quick Answer
National holidays and festival holidays are notified by the state government under the Bihar Rent Control Act 2017 applicable to your establishment in Darbhanga.
Detailed Legal Analysis
National holidays and festival holidays are notified by the state government under the Bihar Rent Control Act 2017 applicable to your establishment in Darbhanga. Generally, three national holidays, namely Republic Day, Independence Day, and Gandhi Jayanti, are compulsory holidays.
If an employer requires you to work on a notified holiday, you must be given a compensatory holiday within 90 days or be paid at twice the ordinary rate of wages. The Patna High Court has held that denial of national holidays is a violation of statutory rights and the employer can be prosecuted.
The state may also prescribe festival holidays specific to the region, and the number varies by state. You should check the state's holiday notification displayed at your workplace in Darbhanga.
Legal Provisions Referenced
Verify the current statutory text at India Code (the official repository of Indian legislation) or the Legislative Department. This answer is general legal information, not advice on your specific matter.
Disclaimer: AI-generated for educational purposes only. Does not constitute legal advice. Consult a qualified practitioner.