Background
The Act was enacted to ensure uniformity in granting national holidays, festival holidays, casual leave, sick leave, and wage entitlements to workers in Haryana. It was designed to safeguard labour welfare and maintain industrial discipline.
Applicability
The Act applies to all factories and industrial establishments in Haryana, covering every category of worker (daily wage, piece-rate, and full-time). Employers are obligated to provide statutory holidays, casual and sick leave, maintain leave registers, and ensure wage protection.
Compliance requirements under the Act
Every worker is entitled each year to three national holidays (26th January, 15th August, 2nd October) and five other holidays from the Schedule of festivals appended to the 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.
Every worker is entitled annually to seven days of casual leave and fourteen days of sick leave. The conditions may specify that one type of leave cannot be linked with another type of leave, whether due under this Act or under any other law in force.
Explanation. – For purposes of this section, such conditions may provide that one kind of leave shall not be linked with another kind of leave, whether due under this Act, or under any other law for the time being in force.
Notwithstanding any contract to the contrary, every worker shall, for each of the national and festival holidays and of the casual or sick leave, be paid by the employer wages at a rate equivalent to his average daily wage; Provided that –
(a) no worker shall be entitled to be paid such wages for any holidays, or leave other than a national holiday, if his name was not on the rolls of the industrial establishment continuously for a period of one month immediately preceding such holidays or leave;
(b) where a worker is entitled to sickness benefit under the Employees State Insurance Act 1948, or sickness allowance under the Plantation Labour Act, 1951, he shall not be entitled to be paid such wages for the days of sick leave allowed to him under this act; and
(c) where a worker is not entitled to such sickness benefit or sickness allowance, he shall be paid was for the days of sick leave, allowed to him under this Act at a rate equivalent to one half of the average daily wage.
(2) Where a worker works on any holiday allowed under section 3, he shall at his option, be entitled to—
(a) twice his average daily wage for that day, or
(b) his average daily wage for that day and a substituted holiday will his average daily wage on any other day within ninety days from the day on which he so works.
Explanation. – For the purpose 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 worker who is paid wages by the day of at piece fate shall be computed on the basis of his wages for the days on which he actually worked during the month immediately preceding such holidays or leave.
Every employer must maintain an account of festival holidays, casual leave, and sick leave for each worker in the prescribed form. Workers must be allowed access to such records, ensuring transparency and accountability.
Penalty & Punishments
Conclusion
The Act guarantees statutory holidays and paid leave to workers in Haryana while mandating employers to follow transparent processes and proper record-keeping. It balances employee rights with employer responsibilities, thereby promoting industrial peace and worker welfare.
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