Background
The Act was enacted to ensure uniform grant of paid national holidays to employees in industrial establishments and to prevent inconsistent employer practices. U.P. Industrial Establishments (National Holidays) Rules, 1965 provide procedures for implementation, including wage calculation, notice requirements, and record maintenance. Together, they safeguard employee rights while regulating work on national holidays.
Applicability
The act shall be applicable to all the Industrial Establishment in the State of Uttar Pradesh.
The Act does not apply to industrial establishments under the Central Government, RBI, Railway Administration, or Cantonment authorities. The State Government may, by Gazette notification, exempt certain industrial establishments employing up to a specified number of employees, subject to conditions and period specified.
Compliance Requirements under the Act in Accordance with the Rules
Every employer must grant each employee a holiday with wages on every notified national holiday, regardless of any other law, contract, custom, or practice to the contrary.
If employee works on a national holiday due to business needs, employer must pay double wages or, if employee chooses, normal wages plus a paid substituted holiday within the next calendar month (not a weekly holiday). For daily/piece-rate workers, wages are calculated based on pres. daily average
For the purpose of the explanation given under Section 3 of the Act the wages for a day shall be calculated by working out the average of the wages payable-
(i) in the case of a daily paid employee in the 12 full working days ; and
(ii) in the case of an employee who is paid wages at piece-rates, in six complete weeks, immediately preceding the National Holiday on which he is required to work ; and where such average cannot be worked out, the wages for a day shall be calculated as the average of the wages payable to the employee during the period he actually worked
If an employer requires an employee to work on a national holiday due to business exigencies, at least three days’ prior notice must be given before the holiday. The employer must also obtain the employee’s written option for either double wages or wages with a substituted paid holiday.
The employer shall inform the Inspector in Form I at the time of issuing the notice to the employee regarding the intention to require work on the national holiday.
Every employer must maintain a Register of National Holidays in Form II.
Penalty & Punishment
Under Section 6: Any person contravening any of the provisions of this Act or the rules made thereunder, shall on conviction by a court of competent jurisdiction, be punishable with fine which, for the first offence, may extend to five hundred rupees, and for every subsequent offence, to one thousand rupees.
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