My employer in Durgapur is making me work on national holidays without extra pay, is this legal?
VE Asked by Veena Shastri from India
Quick Answer
National holidays and festival holidays are notified by the state government under the West Bengal Premises Tenancy Act 1997 applicable to your establishment in Durgapur.
Detailed Legal Analysis
National holidays and festival holidays are notified by the state government under the West Bengal Premises Tenancy Act 1997 applicable to your establishment in Durgapur. 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 Calcutta 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 Durgapur.
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.