Compliance Requirements under the Act in accordance with the Rules

1. Grant of National and festival Holidays to workers in Chandigarh (Section 3)

Every worker is entitled each year to 3 national holidays (26 Jan, 15 Aug, 2nd Oct) and 4 other holidays on any of the festivals specified in the Schedule appended to this Act.

Provided that for purposes of clause (b), where at least ten per centum of the workers of
an industrial establishment so desire, they may, in lieu of the festival holidays, avail of
two half holidays on any of the festival days of their choice specified in such Schedule
after settlement in this behalf has been made between the employer and the representative
of the workers in such manner as may be prescribed.

2. Employer to determination festival holidays in consultation with worker’s representative in Chandigarh (Section 3(1)(b), Rule 3(1))

The four festival holiday required to be allowed under Section 3(1)(b) shall be determined in consultation with the representatives of the workers before the 30th November each year for the ensuing calendar year.

3. Intimation of Festival Holidays to workers in Chandigarh (Section 3(1)(b), Rule 3(1))

The employer shall notify the finalized festival holidays to workers before 31st December each year by displaying a copy on a notice board at a conspicuous place, including the main entry point of the establishment and at the Time-keeper’s Office.

4. Submission of Festival Holiday List to Area Inspector in Chandigarh (Section 3(1)(b), Rule 3(1))

The employer shall submit a copy of the finalized festival holidays to the Inspector of the area before 21st December each year.

5. Application to employer for exercising claim for half festival holiday as per proviso U/s3(1) (Section 3, Rule 3(2))

Workers shall submit a written application, signed by at least 10% of workers on roll, to the employer before 31st October each year for availing half festival holidays, specifying the festivals. Any difficulty shall be resolved by the employer in consultation with workers’ representatives.

6. Submission of Holiday Determination Dispute to Conciliation Officer in Chandigarh (Section 3, Rule 3(3))

Where festival holidays under Rule 3 cannot be determined before 30th November, the employer shall refer the matter to the Conciliation Officer of the area immediately, but not later than 1st December.

7. Election of Workers’ Representatives where no Works Committee constituted (Rule 4)

Where there is not Works Committee constituted under Section 3 of the Industrial Disputes Act, 1947, the representatives of the workers shall be elected from amongst the workers. The election shall be arranged by the employer in the month of October each year for this purpose he shall issue seven days’ notice and invite nomination where after election shall be held by show of hands

8. Casual leave to workers in Chandigarh (Section 4, Rule 5)

Workers get 7 days of casual leave yearly. In the first year, up to 2 days for every 3 months. Employers may refuse leave if many workers apply together to disrupt work; no compensation applies, but workers can reapply later.

The unavailed casual leave shall lapse at the end of the calendar year. If any casual leave due is refused by the employer in his own interest the worker shall be compensated by grant of casual leave on any other day or by payment of the average daily wages for that day.
The causal leave shall not be combined with any kind of leave except with the express permission of the employer. Except for emergent reasons, casual leave shall not be asked or allowed for more than two days at a time. An application for casual leave shall be made two days in advance to the management concerned and permission obtained beforehand:
Provided that in case of urgency or death or serious illness in the family such application can be made immediately on resuming duty, giving cogent reason for inability to obtain prior permission.

9. Sick leave to workers in Chandigarh (Section 4, Rule 6)

Every worker shall, in each calendar year, be allowed by the employer sick leave for 14 days in such manner and on such conditions as may be prescribed. If sick leave is for more than 2 days, it shall be granted on application supported by medical certificate from registered medical practitioner.

Provided that the employer may require the worker to get countersigned such medical certificate from the authorized medical officer of the Industrial Establishment, of any, or form the Doctor in charge of the Government Hospital of the area and the fee for getting the medical certificate countersigned shall be borne by the employer.
In case a worker is suspended to be suffering from any contagious or infectious disease, he may get medically examined by the employer at his (employer’s) expense and allowed to proceed on leave as though the worker had applied for being sent on leave himself.

10. Wages to be paid for national, festival & other holiday as specified in Section 3&4 in Chandigarh. (Section 5(1))

Workers must be paid wages equal to their average daily wage for national and festival holidays, as well as for casual or sick leave, regardless of any contract stating otherwise.

Provided that:

(a) Wages for holidays or leave (except national holidays) are not payable if the worker was not on the rolls continuously for one month prior;

(b) If covered under ESI Act, 1948 or the Plantation Labour Act, 1951 for sickness, wages for sick leave under this Act are not payable;

(c) Others shall be paid half their average daily wage for sick leave.

11. Rate of wages to be paid when the worker works on Festival/National Holiday in Chandigarh (Section 5(2))

If a worker works on a holiday allowed U/s 3, he may choose either twice his average daily wage or his average daily wage plus a substituted paid holiday within 90 days.

Explanation.- For the purposes of this section, the average daily wage of a worker shall be computed on the basis of his total full-time wages during the preceding three calendar months, exclusive of any over-time wages, if any: ,

Provided that the average daily wage of a worker who is paid wages by the day or at piece rate shall be computed on the basis of his wages for the days on which he actually worked during the month immediately preceeding such holiday or leave.

12. Form A: Statement of Festival Holidays in Chandigarh (Section 15(2)(O), Rule 7)

The employer shall submit a statement of festival holidays for the calendar year to the Area Inspector in Form ‘A’ before 31st December of the preceding year, display a copy on a notice board at a conspicuous place in the establishment, and keep it available for inspection at all times.

13. Form B: Register of Festival Holidays, Casual and Sick Leave in Chandigarh (Section 6, Rule 7 (2))

Every employer is required to maintain a prescribed record of festival holidays, casual leave, and sick leave for each worker in Form ‘B’. The register must be kept in the prescribed format and manner, and all workers must be provided access to view their respective leave and holiday records.