Orissa Industrial Establishments National and Festival Holidays Act 1969
If you are a factory owner belonging to the state of Odisha, you must already know that Odisha’s industrialization venture is conquering India’s economic enhancement. Odisha has a promising and leading industrial belt having industries related to construction, mining and quarrying, power, gas, and water provision. Other sectors of Odisha's economy, including heavy engineering, iron and steel, coal, paper, petrochemicals, refineries, and naval armaments, also play a major role in uplifting the country’s economy.
We always talk about how an industry’s role makes a huge difference in making a country economically sustainable. However, we often forget to mention the main driving force behind running factories. They are only the workers. Their constant engagement and high-skilled performance make it possible for employers to earn a considerable profit.
The labor force needs to be productive and also possess healthy living conditions to maintain the production process. It also implies the fact that laborers require periodic breaks and fixed work hours for that.
The Orissa factories' rules were enforced in 1950 to secure the employees' basic rights and to protect their life and health. industrial establishments national and festival holidays act 1969 was a part of that act that enabled the employees to receive the facility of getting holidays and leaves.
If you are planning to build a factory in Odisha, or if you already run a factory there, knowing a piece of detailed information regarding the Orissa Industrial Establishments National and Festival Holidays Act 1969 is crucial to running the business legally.
This write-up is going to assist you and make you understand the Orissa Industrial Establishments National and Festival Holidays Act 1969 in an uncomplicated way.
The following topics are going to be discussed:
- What Are Orissa Industrial Establishments National And Festival Holidays Act 1969?
- Applicability Of Orissa Industrial Establishments National And Festival Holidays Act 1969
- Different Laws And Terms Discussed In The Orissa Industrial Establishments National And Festival Holidays Act 1969
- The Discussion On Odisha Minimum Wages Rules With Respect To Orissa Industrial Establishments National and Festival Holidays Act 1969
- Scope of application
- A Brief Discussion On The Odisha Shops And Commercial Establishments Act, 1956 With Regards To Orissa Industrial Establishments National and Festival Holidays Act 1969
- Compliance required under Orissa Industrial Establishments National and Festival Holidays Act 1969:
- The Exemption of Orissa Industrial Establishments National and Festival Holidays Act, 1969
- Are Rights And Privileges Under Other Laws Affected By The Provisions Of Orissa Industrial Establishments National And Festival Holidays Act, 1969?
- Conclusion
- How Can Deskera Payroll Help?
- Key Takeaways
What Are Orissa Industrial Establishments National And Festival Holidays Act 1969?
The Act called Orissa Industrial Establishments National And Festival Holidays Act 1969 grants national and festival holidays to people who work in industrial facilities in the state of Odisha. According to the Act, a calendar year must have at least four national holidays and four festival holidays.
Applicability Of Orissa Industrial Establishments National And Festival Holidays Act 1969
Orissa Industrial Establishments National And Festival Holidays Act 1969 is an Act to offer national and festival holidays to people working in industrial organizations in Odisha.
Different Laws And Terms Discussed In The Orissa Industrial Establishments National And Festival Holidays Act 1969
- Orissa Industrial Establishments National And Festival Holidays Act 1969 talks about any formation as defined in Clause (8) of Section 2 of the Orissa Shops and Commercial Establishment Act, 1956 (Orissa Act 30 of 1956); (ii) any manufacturer or production plant as set out in clause (m) of Section 2 of the Factories Act, 1948 (63 of 1948) or any place regarded to be a manufacturing company under Section 85 of that Act; and (iv) any plantation as specified in Section (f) of Section 2 of the Plantations Labour Act, 1956 (61 of 1956)
- Orissa Industrial Establishments National And Festival Holidays Act 1969 specifies that "Wages" means all pays and reimbursements competent of being articulated in terms of money that would be payable to a worker in respect/of his employment or the job performed by him in such full-time work if the terms and conditions of employment, expressly or impliedly, were accomplished, and includes such reimbursements (including dearness allowance) as the staff is for the time being obligated to; (ii) the benefit of any residence accommodation, or supply of light, water, healthcare attendance, and other amenities
- Orissa Industrial Establishments National And Festival Holidays Act 1969 does not involve (a) any incentive; (b) any contribution paid by the company to any retirement fund or provident fund or for the good of the workers under any legal provisions; (c) any service charge payable on the dismissal of his service; (d) any estimate paid to the employee to amortize special costs involved by the nature of his jobs; and (e) any traveling concession
- Orissa Industrial Establishments National And Festival Holidays Act 1969 establishes that every employee shall be entitled to a one-day holiday on January 26th of each calendar year, [Inserted pursuant to O.A. No. 21 of 1989.] [1st May], 15th August, and 2nd October, as well as four other one-day vacations for cultural events that the Inspector may prescribe in conjunction with the management and staff in regard to any industrial facility
- In particular with respect to the holiday breaks provided in Subsection (1), the date of any election campaign or bye-election to Parliament and the Provincial Legislative Assembly, as given notice by the Election Commission, shall be permitted as a one-day holiday. However, in the particular instance of a bye-election, the date of such election shall be granted as a holiday only for staff members who pertain to the responsible constituency. So, Orissa Industrial Establishments National And Festival Holidays Act 1969 also enforces law regarding election-related holidays
- Every company must display a statutory declaration about the holidays granted in each calendar year under Section 3 in such form, within such time, and in such manner, as may be determined in the Orissa Industrial Establishments National and Festival Holidays Act 1969 on the premises of the industrial establishment
- Orissa Industrial Establishments National and Festival Holidays Act 1969 ensures that every employee will receive salaries for each of the holidays permitted to him under Section 3, regardless of any agreement to the contrary. If a worker works on a holiday authorized under Section 3, he has the opportunity to receive twofold the earnings or wages for that day and a replacement holiday with payments on any other day within six months of the holiday on which he worked
- Quite apart from Subsections (1) and (2), a worker who is paid by the day or by piece rate is only legally required to pay wages for any vacation legally permitted under Section 3. Orissa Industrial Establishments National and Festival Holidays Act 1969 enforces the wages are to be paid at a frequency equivalent to the daily rate of his wages for the days on which he apparently worked during the period immediately prior to such a holiday
- If an employer owes an employee money under the Orissa Industrial Establishments National and Festival Holidays Act, 1969, the employee must pay it. The Orissa Industrial Establishments National and Festival Holidays Act, 1969 also ensures that the worker or any other person appointed in agreement by him in this regard, or, in the event of the staff's death, his successor or descendant may, without prejudice to any other manner of compensation, submit an appeal to the state legislature for the amounts owed to him to be recovered
- Orissa Industrial Establishments National and Festival Holidays Act, 1969, also states that If the State Government determines that any money is outstanding, they will issue a warrant. A warrant is a certificate for that figure to the Collector in charge of the industrial zone
The Collector will next endeavor to retrieve the property at the location where the business is located.
The Discussion On Odisha Minimum Wages Rules With Respect To Orissa Industrial Establishments National and Festival Holidays Act 1969
The Minimum Wages Act of 1948 establishes minimum wage levels in various occupations that are listed in the schedule. For the efficient management and supervision of the Minimum Wages Act, 1948, the Odisha Government adopted the Odisha Minimum Wages Rules, 1954. Orissa Industrial Establishments National and Festival Holidays Act 1969 also discusses the aspects of the Odisha Minimum Wages Rules, 1954.
Scope of application
- The Act covers all schedules of work when minimum wage laws are set/revised
- Under this Legislation, every firm must pay a fair wage for all authorized jobs. There are provisions for setting work hours, extra working hours, and overtime pay
- The Consumer Price Index from the prior fiscal year is used to calculate dynamic DA
- Under the guidance of the State Level Minimum Wages Advisory Board, minimum wage rates are determined in Odisha
A Brief Discussion On The Odisha Shops And Commercial Establishments Act, 1956 With Regards To Orissa Industrial Establishments National and Festival Holidays Act 1969
The Odisha Shops And Commercial Establishments Act and Rules apply to all businesses and commercial complexes in the state of Odisha.
The Act was passed in order to defend the rights of workers. The Act regulates salaries, terms, and conditions of service, work hours, relaxation intervals, overtime work, beginning and shutting hours, closed days, vacations, leaves, maternity leave and benefits, working conditions, regulations for child labor, and record-keeping.
So, it is evident that Orissa Industrial Establishments National and Festival Holidays Act 1969 enforced its rules on the basis of The Odisha Shops And Commercial Establishments Act, 1956.
Compliance required under Orissa Industrial Establishments National and Festival Holidays Act 1969:
Any modifications in an employer's corporation must be reported to the labor department using Form 4 - Notice of Change in the Establishment. This compliance is relevant under the Orissa Industrial Establishments National and Festival Holidays Act 1969.
The Exemption of Orissa Industrial Establishments National and Festival Holidays Act, 1969
Any employee in a managerial position; any worker whose work requires mobility; any industrial place under the regulation of the National Government, the Reserve Bank of India, a railway presidency functioning any rail system as defined in Clause (20) of Article 366 of the Constitution, or a military barracks authority; or any mine or oil field are exempt from the provisions of Orissa Industrial Establishments National and Festival Holidays Act, 1969.
The State Legislature may exclude any institution or class of establishments, or any individual or designated representatives, from all or some of the Orissa Industrial Establishments National and Festival Holidays Act, 1969 obligations by declaration, subject to such restrictions as they may judge appropriate.
Are Rights And Privileges Under Other Laws Affected By The Provisions Of Orissa Industrial Establishments National And Festival Holidays Act, 1969?
Nothing in this Orissa Industrial Establishments National And Festival Holidays Act, 1969 impacts any rights or privileges that a worker has under any other legislation, agreement, tradition, or usage with regard to the national and festival holidays. On the date this Act goes into effect, if those rights or privileges are more beneficial to him than those to which he would be entitled under this Orissa Industrial Establishments National And Festival Holidays Act, 1969.
Conclusion
Orissa Industrial Establishments National And Festival Holidays Act, 1969 is a governmental law to issue holidays to employees without causing any pay cuts. So, it is important to have a thorough knowledge of them.
How Can Deskera Payroll Help?
Payroll management and employee management are integral to any organization. If you are looking for a holistic and automated tool to manage payroll, employees, expenses, contractor management, Deskera People could be the apt solution.
Process your payroll now with Deskera People
Key Takeaways
- To keep the industrial process running, the workforce must be productive and live in healthy conditions.
- It also says that laborers require regular breaks and set work hours in order to do so.
- The Orissa factory rules were implemented in 1950 to protect the workers' basic rights as well as their lives and health.
- Orissa Industrial Establishments National And Festival Holidays Act, 1969 was a portion of that act, which allowed employees to take vacations and leave. These are the key points that you have to remember as an employer:
- As per the Law, a fiscal year must have at least four national holidays and four festival holidays
- No provision of other laws can get affected with enforcing this act
- Minimum wages should be maintained