Hello Seniors Please confirm, as per rules how many Holidays should given to the Employee for a year:- 11 or 12
From India, Mumbai
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158From India, Mumbai
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Hello Seniors,
If an employee joins us, he is already experienced. Then, after one year of service, he is eligible for all leave. Is he eligible from the starting of his service for CL, PL, etc.?
Waiting for your answer.
From India, Bhopal
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If an employee joins us, he is already experienced. Then, after one year of service, he is eligible for all leave. Is he eligible from the starting of his service for CL, PL, etc.?
Waiting for your answer.
From India, Bhopal
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Roshni, I think the no of holidays which is suppose to be given is 18. It would be 1 day off after 20 working days excluding the weekly off. :)
From India, Bangalore
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From India, Bangalore
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Dear Roshni,
Under which rules are you putting your query before the members? We are to grant two types of holidays, i.e., National & Festival, under any of the laws applicable to your establishment. Now, see which Act is applicable to your establishment/unit.
With Regards, R.N. Khola
From India, Delhi
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Under which rules are you putting your query before the members? We are to grant two types of holidays, i.e., National & Festival, under any of the laws applicable to your establishment. Now, see which Act is applicable to your establishment/unit.
With Regards, R.N. Khola
From India, Delhi
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Normally I give the same to my employees and have turned and tuned it up into CL, ML, etc.
From India, Bangalore
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From India, Bangalore
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OK, That would depend on to the state in which your company is located. In that case you need to give them 9 holidays. That would be Public holidays + Festival holidays.
From India, Bangalore
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From India, Bangalore
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Dear Roshni, All the national holidays are compulsory and the main festivals depend on your company. Regards, Vikram Rana Manager (Admin& HR)
From India, Lucknow
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From India, Lucknow
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Dear Rekha,
Experience does not entitle anybody to more leaves. He will be a fresher for you. You are to grant CL, SL, EL, etc., as per the Acts applicable to your unit, or these leaves are to be granted according to the leave rules applicable in your establishment. If neither the Acts nor the leave policy is applicable, then you are to grant leaves as per the terms and conditions of the appointment.
With Regards, R.N.Khola
From India, Delhi
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Experience does not entitle anybody to more leaves. He will be a fresher for you. You are to grant CL, SL, EL, etc., as per the Acts applicable to your unit, or these leaves are to be granted according to the leave rules applicable in your establishment. If neither the Acts nor the leave policy is applicable, then you are to grant leaves as per the terms and conditions of the appointment.
With Regards, R.N.Khola
From India, Delhi
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Thank you for your reply, Mr. Khola.
We have provided 11 holidays to our staff [Festival + National Holiday], as we do every year. This year, one holiday falls on a Sunday, so it was compensated with another festival. However, some of the seniors are now arguing that the holiday should still appear on the list, even though it is on a Sunday.
In this case, what steps can be taken?
From India, Mumbai
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We have provided 11 holidays to our staff [Festival + National Holiday], as we do every year. This year, one holiday falls on a Sunday, so it was compensated with another festival. However, some of the seniors are now arguing that the holiday should still appear on the list, even though it is on a Sunday.
In this case, what steps can be taken?
From India, Mumbai
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Roshni,
You should create a company calendar listing all holidays when your company will be closed. Be sure to include both public holidays and festival holidays. It does not matter if the holiday falls on a weekly off day or any other day.
Which state is your business operating in?
From India, Bangalore
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You should create a company calendar listing all holidays when your company will be closed. Be sure to include both public holidays and festival holidays. It does not matter if the holiday falls on a weekly off day or any other day.
Which state is your business operating in?
From India, Bangalore
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Hi Roshini,
Exactly, it is mandatory to provide 4 compulsory national holidays and 5 festival holidays as per the company's preference. In some companies, if a festival falls on a Sunday, they will compensate for the holiday, although this is not necessary in my opinion. Please correct me if I am wrong.
From India, Madras
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Exactly, it is mandatory to provide 4 compulsory national holidays and 5 festival holidays as per the company's preference. In some companies, if a festival falls on a Sunday, they will compensate for the holiday, although this is not necessary in my opinion. Please correct me if I am wrong.
From India, Madras
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Hello Mahesh We have covered 4 national holidays and festivals ....... please tell...how we can explain the old staffs
From India, Mumbai
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From India, Mumbai
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Dear Roshini,
In our company, we provide 12 holidays per annum. If any holiday falls on a Sunday, there is no need to compensate with any other festival. Please publish the Holiday list for 2010, including the date, month, and day (mention those days that fall on Sunday as well). Kindly send it via email and post a copy on the notice board (ensure it is signed by management and sealed). Clearly state that the company is not responsible if holidays fall on Sundays and no compensations will be provided. Establish this as a policy.
If old staff members raise concerns, explain that certain decisions are made by management and should be followed accordingly. Do not allow old staff or other employees to criticize any HR policies. Clearly communicate that it is a management decision.
Thank you for your response, Mr. Khola. We have granted our staff 11 holidays (a mix of Festivals and National Holidays) this year, as we do annually. One holiday falls on a Sunday, and it was compensated with another festival. However, some senior staff members are now disputing the inclusion of this Sunday holiday in the list.
In this situation, what course of action should be taken?
Please let me know if you need further assistance.
Best regards,
Roshni R
From India, Madras
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In our company, we provide 12 holidays per annum. If any holiday falls on a Sunday, there is no need to compensate with any other festival. Please publish the Holiday list for 2010, including the date, month, and day (mention those days that fall on Sunday as well). Kindly send it via email and post a copy on the notice board (ensure it is signed by management and sealed). Clearly state that the company is not responsible if holidays fall on Sundays and no compensations will be provided. Establish this as a policy.
If old staff members raise concerns, explain that certain decisions are made by management and should be followed accordingly. Do not allow old staff or other employees to criticize any HR policies. Clearly communicate that it is a management decision.
Thank you for your response, Mr. Khola. We have granted our staff 11 holidays (a mix of Festivals and National Holidays) this year, as we do annually. One holiday falls on a Sunday, and it was compensated with another festival. However, some senior staff members are now disputing the inclusion of this Sunday holiday in the list.
In this situation, what course of action should be taken?
Please let me know if you need further assistance.
Best regards,
Roshni R
From India, Madras
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Hello Mahesh,
Please call those people and inform them that, as per our company policy, only 11 holidays are allowed per annum. The HR department has adjusted 4 national and festival holidays that fell on Sundays. Including these days in the list would exceed the 11-day limit, which contradicts the company's policies and regulations.
Explain to them that the policy can be revised at any time, and starting next year, HR will release a comprehensive holiday schedule for the year. Any holidays falling on Sundays will not be compensated going forward.
If they continue to dispute this, emphasize that it is a management decision, and there is limited flexibility in this matter. It is essential for everyone to adhere to the directives set by management.
Regarding your query on how to address this with the old staff, please share the information in a clear and concise manner to ensure they understand the adjustments made to the holiday policy.
Thank you.
From India, Madras
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Please call those people and inform them that, as per our company policy, only 11 holidays are allowed per annum. The HR department has adjusted 4 national and festival holidays that fell on Sundays. Including these days in the list would exceed the 11-day limit, which contradicts the company's policies and regulations.
Explain to them that the policy can be revised at any time, and starting next year, HR will release a comprehensive holiday schedule for the year. Any holidays falling on Sundays will not be compensated going forward.
If they continue to dispute this, emphasize that it is a management decision, and there is limited flexibility in this matter. It is essential for everyone to adhere to the directives set by management.
Regarding your query on how to address this with the old staff, please share the information in a clear and concise manner to ensure they understand the adjustments made to the holiday policy.
Thank you.
From India, Madras
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hi as per the gov norms; they are usually 30 for contract employees (ftc) bifurcated ; 18 - 12 - for regular emp birfurcation 20 - pl 20 - sl 15 - cl apart from ph as 15th aug / 26 jan
From India, Ahmadabad
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From India, Ahmadabad
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Actually staffs require that the leave should appear in the list...if at all it falls on sunday
From India, Mumbai
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From India, Mumbai
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Dear Roshni,
You have not mentioned whether this was a national or festival holiday compensated by giving another holiday. Nevertheless, I would like to provide my opinion with the hope that it may help you to some extent.
It is not necessary to grant the same festival holiday each year. Out of the 11 holidays granted to employees, three are national holidays that cannot be changed as their dates are fixed. However, festival holidays can be altered, allowing for the provision of different festival holidays in a year where there happens to be a weekly off day on that specific holiday. In my State, if the unit is covered under the Punjab Industrial Establishment (National & Festival Holidays & Casual and Sick Leaves) Act, 1965, festival holidays are to be determined with the agreement of the workmen's representatives. In such cases, why would they accept a festival holiday that falls on a Sunday or weekly off day?
Regarding the grant of national holidays that fall on a Sunday (a rest day/weekly off day), the employer is legally obligated to provide these national holidays on the days already designated by the Government. While some HR department personnel argue that no payment is required for national holidays falling on a weekly off day, I believe wages should be paid for both the weekly off day/Sunday and the national holiday. Employees are entitled to a weekly off day after working for six days, regardless of payment, and national holidays falling on Sundays should also be compensated as paid holidays according to the applicable Act.
I have discussed this matter with some labor department officers who verbally stated that payment for national holidays falling on Sundays should not be given. However, the State law governing these holidays is not entirely clear, resulting in a lack of consensus on the matter. This situation is rare when a national holiday falls on a Sunday.
Before making a final decision, I recommend consulting with your labor law advisor and senior officers of the law enforcing agency. It is essential to review the relevant Act under which the National and Festival Holidays are to be granted.
Opinions/comments submitted as requested.
With Regards,
R.N. Khola
From India, Delhi
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You have not mentioned whether this was a national or festival holiday compensated by giving another holiday. Nevertheless, I would like to provide my opinion with the hope that it may help you to some extent.
It is not necessary to grant the same festival holiday each year. Out of the 11 holidays granted to employees, three are national holidays that cannot be changed as their dates are fixed. However, festival holidays can be altered, allowing for the provision of different festival holidays in a year where there happens to be a weekly off day on that specific holiday. In my State, if the unit is covered under the Punjab Industrial Establishment (National & Festival Holidays & Casual and Sick Leaves) Act, 1965, festival holidays are to be determined with the agreement of the workmen's representatives. In such cases, why would they accept a festival holiday that falls on a Sunday or weekly off day?
Regarding the grant of national holidays that fall on a Sunday (a rest day/weekly off day), the employer is legally obligated to provide these national holidays on the days already designated by the Government. While some HR department personnel argue that no payment is required for national holidays falling on a weekly off day, I believe wages should be paid for both the weekly off day/Sunday and the national holiday. Employees are entitled to a weekly off day after working for six days, regardless of payment, and national holidays falling on Sundays should also be compensated as paid holidays according to the applicable Act.
I have discussed this matter with some labor department officers who verbally stated that payment for national holidays falling on Sundays should not be given. However, the State law governing these holidays is not entirely clear, resulting in a lack of consensus on the matter. This situation is rare when a national holiday falls on a Sunday.
Before making a final decision, I recommend consulting with your labor law advisor and senior officers of the law enforcing agency. It is essential to review the relevant Act under which the National and Festival Holidays are to be granted.
Opinions/comments submitted as requested.
With Regards,
R.N. Khola
From India, Delhi
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Hi Roshni,
Very well... In response to the question I asked you about your location, I didn't receive a reply on that.
You should check the Shop & Commercial Establishment Act in your state. It will provide clarification on the number of compulsory holidays that must be given to employees in that state. Please consider this information and inform the employees accordingly.
From India, Bangalore
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Very well... In response to the question I asked you about your location, I didn't receive a reply on that.
You should check the Shop & Commercial Establishment Act in your state. It will provide clarification on the number of compulsory holidays that must be given to employees in that state. Please consider this information and inform the employees accordingly.
From India, Bangalore
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Dear sree.zbsgroup,
What you have said is right. A total of 9 compulsory holidays have to be given. Apart from that, it's up to the management's decision whether they can provide extra holidays or not.
During festival holidays, some companies consider the management's diversity and provide holidays accordingly. For example, Ramzan might not be a holiday, but a Muslim employee would be given a paid day off on that day, unlike other employees.
From India, Bangalore
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What you have said is right. A total of 9 compulsory holidays have to be given. Apart from that, it's up to the management's decision whether they can provide extra holidays or not.
During festival holidays, some companies consider the management's diversity and provide holidays accordingly. For example, Ramzan might not be a holiday, but a Muslim employee would be given a paid day off on that day, unlike other employees.
From India, Bangalore
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Hello colleagues,
Greetings for the day.
First of all, I want to draw your attention to the forum question regarding holidays rather than leave (EL, CL, SL, whatever it may be). As far as I am concerned, we are providing 11 holidays, which includes 3 national holidays, 1 Labour Day, and 7 festival holidays.
Thanks & regards,
Sumit Kumar Saxena
09899669071, 0120-4131277
From India, Ghaziabad
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Greetings for the day.
First of all, I want to draw your attention to the forum question regarding holidays rather than leave (EL, CL, SL, whatever it may be). As far as I am concerned, we are providing 11 holidays, which includes 3 national holidays, 1 Labour Day, and 7 festival holidays.
Thanks & regards,
Sumit Kumar Saxena
09899669071, 0120-4131277
From India, Ghaziabad
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As per the HOLIDAYS ACT, a "minimum" of 4 National Holidays and 5 Festival Holidays days should be granted. National holidays have been fixed in the Act, whereas Festival holidays are as per the choice of management and workers.
From India, Tiruchchirappalli
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From India, Tiruchchirappalli
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Give them two options:
Option 1: No changes in the current Holiday list, i.e., Holidays falling on Sundays will not be displayed in the Holiday list as they allow compensation. Already, 4 days are given.
(or)
Option 2: Holiday List will show the complete list of holidays for a year, including those falling on Sundays, but no compensation is allowed.
Let them decide. Tell them clearly that it's up to them to decide whether they seek Option 1 or 2, but both are not allowed at the same point of time because, as per HR Policies and Management decision, only 11 days leave is allowed per annum. If they combine both options, then the number of holidays will increase, which is against the policy.
Stick to these options and never allow them to speak anything apart from this. Surely, this issue will get closed.
From India, Madras
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Option 1: No changes in the current Holiday list, i.e., Holidays falling on Sundays will not be displayed in the Holiday list as they allow compensation. Already, 4 days are given.
(or)
Option 2: Holiday List will show the complete list of holidays for a year, including those falling on Sundays, but no compensation is allowed.
Let them decide. Tell them clearly that it's up to them to decide whether they seek Option 1 or 2, but both are not allowed at the same point of time because, as per HR Policies and Management decision, only 11 days leave is allowed per annum. If they combine both options, then the number of holidays will increase, which is against the policy.
Stick to these options and never allow them to speak anything apart from this. Surely, this issue will get closed.
From India, Madras
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I will appeal to all members to please understand the queries being made, consider the responses they wish to offer carefully and only then write such responses.
Mr. Khola has rightly pointed out that experience has nothing to do with Leave or Holidays. The current query is about Holidays, not Leave. Normally, Three National Holidays—26th January, 15th August, and 2nd October—are mandatory. A minimum of four days over and above these four mandatory National Holidays are given in a year. This makes it a total of 7 days of National & Festival Holidays in a year. However, there may be some variation in the State Rules in this regard. It would be best to read the provisions of respective State Rules and then finalize the List of National & Festival Holidays for the year.
Cheers!!! Vasant Nair
From India, Mumbai
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Mr. Khola has rightly pointed out that experience has nothing to do with Leave or Holidays. The current query is about Holidays, not Leave. Normally, Three National Holidays—26th January, 15th August, and 2nd October—are mandatory. A minimum of four days over and above these four mandatory National Holidays are given in a year. This makes it a total of 7 days of National & Festival Holidays in a year. However, there may be some variation in the State Rules in this regard. It would be best to read the provisions of respective State Rules and then finalize the List of National & Festival Holidays for the year.
Cheers!!! Vasant Nair
From India, Mumbai
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Hello. Thanks for your comments.
Our company is located in Mumbai. We have given 4 National Holidays [26 Jan, 1 May, 15 Aug & 2 Oct] and 7 Festivals. As Bhaubeej falls on Sunday, hence it was removed from the list and other leave was given. But now the staff say that if at all Bhaubeej falls on Sunday, it should appear on the list. If we do so, the total holidays will be 12. And as per our company policy, we can give only 11 Holidays.
From India, Mumbai
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Our company is located in Mumbai. We have given 4 National Holidays [26 Jan, 1 May, 15 Aug & 2 Oct] and 7 Festivals. As Bhaubeej falls on Sunday, hence it was removed from the list and other leave was given. But now the staff say that if at all Bhaubeej falls on Sunday, it should appear on the list. If we do so, the total holidays will be 12. And as per our company policy, we can give only 11 Holidays.
From India, Mumbai
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Dear Roshini,
As mentioned earlier, there are two types of leaves: national and festival holidays. You are allowed a maximum of 11 days, including 15/08, 26/01, 2/10, and 1/5 (optional and compulsory for the manufacturing unit).
For more details, please refer to your state laws regarding holidays and festivals - all of which are considered paid holidays.
From India, Warangal
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As mentioned earlier, there are two types of leaves: national and festival holidays. You are allowed a maximum of 11 days, including 15/08, 26/01, 2/10, and 1/5 (optional and compulsory for the manufacturing unit).
For more details, please refer to your state laws regarding holidays and festivals - all of which are considered paid holidays.
From India, Warangal
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Please note that there is a difference between Weekly Off (one day of rest after working 6 days, as per the Factory Act of 1948) and Holidays (26th January, 15th August, 2nd October, and five other minimum holidays decided by each company independently as per the National Festival Holidays Act).
Thanks & regards,
NKJ
From India, Karwar
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Thanks & regards,
NKJ
From India, Karwar
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Hi there,
For national holidays, there is nothing called as comp. OFF according to labor law. As labor law clearly states that on these holidays, employees should not be working (either from the office or from home), except for public holidays. Companies have the right to make employees work on public holidays and provide compensation time off to employees. However, it is at management's discretion to provide such kinds of time off, keeping in mind that this comp. off should be provided to employees in the current financial year and cannot be carried forward.
Feel free to post your queries if you didn't understand anything from it.
Regards,
Sourabh Dwivedi
Business Development Manager & Head of HR
From India, Mumbai
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For national holidays, there is nothing called as comp. OFF according to labor law. As labor law clearly states that on these holidays, employees should not be working (either from the office or from home), except for public holidays. Companies have the right to make employees work on public holidays and provide compensation time off to employees. However, it is at management's discretion to provide such kinds of time off, keeping in mind that this comp. off should be provided to employees in the current financial year and cannot be carried forward.
Feel free to post your queries if you didn't understand anything from it.
Regards,
Sourabh Dwivedi
Business Development Manager & Head of HR
From India, Mumbai
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Dear colleagues,
I have been given an assignment to develop a paper on the Referral Bonus System (i.e., if any existing staff refer or bring highly talented employees from outside who will be an asset to the organization, they will be given a referral bonus or incentive). I would appreciate it if anyone comes across this kind of literature or articles, kindly share them with me so that I can develop the paper.
Thank you.
From Pakistan, Karachi
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I have been given an assignment to develop a paper on the Referral Bonus System (i.e., if any existing staff refer or bring highly talented employees from outside who will be an asset to the organization, they will be given a referral bonus or incentive). I would appreciate it if anyone comes across this kind of literature or articles, kindly share them with me so that I can develop the paper.
Thank you.
From Pakistan, Karachi
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Dear colleagues,
I have been given an assignment to develop a paper on the Referral Bonus System (i.e., if any existing staff refer or bring in highly talented employees from outside who will be an asset to the organization, they will be given a Referral Bonus or Incentive). I would appreciate it if anyone comes across this kind of literature or articles, kindly share them with me so that I can develop the paper.
Thank you.
From Pakistan, Karachi
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I have been given an assignment to develop a paper on the Referral Bonus System (i.e., if any existing staff refer or bring in highly talented employees from outside who will be an asset to the organization, they will be given a Referral Bonus or Incentive). I would appreciate it if anyone comes across this kind of literature or articles, kindly share them with me so that I can develop the paper.
Thank you.
From Pakistan, Karachi
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Dear Roshni,
Only Earned Leaves/Paid holidays are mandatory under labor laws. Casual Leaves are, as per convention, between 10 to 12 days per year. These can preferably be 12 and can be spread equally over each calendar month.
The Shops & Establishments Act declares specific 10 days as holidays every year. These include Republic Day, Gandhi Jayanti, May Day, some festivals falling on working days, etc. These ten days are mandatory holidays.
Hope you are now comprehensively clarified.
V V PRASAD CS
From India, Hyderabad
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Only Earned Leaves/Paid holidays are mandatory under labor laws. Casual Leaves are, as per convention, between 10 to 12 days per year. These can preferably be 12 and can be spread equally over each calendar month.
The Shops & Establishments Act declares specific 10 days as holidays every year. These include Republic Day, Gandhi Jayanti, May Day, some festivals falling on working days, etc. These ten days are mandatory holidays.
Hope you are now comprehensively clarified.
V V PRASAD CS
From India, Hyderabad
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Dear Rekhathakur,
Employment is a contractual issue. The terms and conditions include that employees must abide by company rules and regulations, which encompass leave rules of the company. Casual Leaves are, by name, casual and accrue at a rate of 1 per month for availment, lapsing at the end of the calendar year. Privilege Leaves are earned leaves. The company extends them only to those who have stayed with it for at least one year and have contributed to the general benefit of the organization, not for job hoppers. Hence, Privilege Leaves can be availed only after completion of the first year. This is a prudent practice.
I hope this clarification is provided comprehensively.
V V Prasad CS
From India, Hyderabad
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Employment is a contractual issue. The terms and conditions include that employees must abide by company rules and regulations, which encompass leave rules of the company. Casual Leaves are, by name, casual and accrue at a rate of 1 per month for availment, lapsing at the end of the calendar year. Privilege Leaves are earned leaves. The company extends them only to those who have stayed with it for at least one year and have contributed to the general benefit of the organization, not for job hoppers. Hence, Privilege Leaves can be availed only after completion of the first year. This is a prudent practice.
I hope this clarification is provided comprehensively.
V V Prasad CS
From India, Hyderabad
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hello mam, that is depend on company policy but minimum 7 (N/H,F/H) are required if N/H on Sunday no need for change, other F/H may be change plz find attachment, Rajvir singh 09888280149
From India, Chandigarh
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From India, Chandigarh
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same situation face on the current year 2010 1.Independence day & Dashara on falling (Sunday) so request to you please varable advise what can i do
From India, Surat
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From India, Surat
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Roshni, you can check with the Bombay Shop & Commercial Establishment act for any queries on Public compulsory holidays...
From India, Bangalore
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From India, Bangalore
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Dear All,
Can you please send me the National Holidays Act of 1963 for HP? I can't find anything on the internet. Also, I want to ask under which law CL/SL should be given and the rules governing them.
Regards,
Manish Gupta
From India, Mumbai
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Can you please send me the National Holidays Act of 1963 for HP? I can't find anything on the internet. Also, I want to ask under which law CL/SL should be given and the rules governing them.
Regards,
Manish Gupta
From India, Mumbai
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Hi... As per the National & festival holiday act is Ten. That is the minimum holidays which has been directed by the Law.
From India, Bangalore
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From India, Bangalore
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Hi Dear all, I am New user, I am feeling so happy to shere related to Hr Question with you. please me how many holidays in India with include National + Festival
From India, Delhi
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From India, Delhi
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Hi friends,
Lots of replies; however, nobody seems to give exact answers. Some of you have answered correctly regarding the act under which the company is registered and which acts they are following. Different leave policies exist for the service and manufacturing industries. A total of 11 days off can be taken, which includes national and festival holidays. Additionally, there are sick leave (SL), casual leave (CL), and paid leaves available.
Thank you.
From India, Delhi
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Lots of replies; however, nobody seems to give exact answers. Some of you have answered correctly regarding the act under which the company is registered and which acts they are following. Different leave policies exist for the service and manufacturing industries. A total of 11 days off can be taken, which includes national and festival holidays. Additionally, there are sick leave (SL), casual leave (CL), and paid leaves available.
Thank you.
From India, Delhi
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The minimum is 7 days, 3 National Holidays and 4 Festival Holidays of your choice. There is no defined maxmum limit to the No. of days you wish to declare as Holidays. Vasant Nair
From India, Mumbai
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From India, Mumbai
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(a) Eight days for every twelve months of continuous service with the same employer if he has been employed by that employer for a period of less than two years;
(b) Twelve days for every twelve months of continuous service with the same employer if he has been employed by that employer for a period of two years or more but less than five years; and
(c) Sixteen days for every twelve months of continuous service with the same employer if he has been employed by that employer for a period of five years or more; and if he has not completed twelve months of continuous service with the same employer during the year in which his contract of service terminates, his entitlement to paid annual leave shall be in direct proportion to the number of completed months of service;
From Malaysia, Kuala Selangor
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(b) Twelve days for every twelve months of continuous service with the same employer if he has been employed by that employer for a period of two years or more but less than five years; and
(c) Sixteen days for every twelve months of continuous service with the same employer if he has been employed by that employer for a period of five years or more; and if he has not completed twelve months of continuous service with the same employer during the year in which his contract of service terminates, his entitlement to paid annual leave shall be in direct proportion to the number of completed months of service;
From Malaysia, Kuala Selangor
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Dear Friends,
In general, the holidays are divided into National & Festival Holidays. There is an Act called the National & Festival Holidays Act. In Andhra Pradesh State, there is an Act called The Andhra Pradesh Factories & Establishments (National Festival and other holidays) Rules, 1974. Like that, each state may have separate rules. In that, the employer has to obtain permission from the concerned Labour Department in Form I, i.e., a statement showing the holidays allowed under Section 4 of the Andhra Pradesh Factories & Establishments (National, Festival, and other holidays). Each respective state has its own format.
The Concern State Labour Department has to issue the list of holidays every year. Apart from this, the concerned establishments or factories should observe their holidays. They have to obtain permission in the above said format from the concerned labour department.
Generally, the holidays are National Holidays: (1) Jan 26, the Republic Day, (2) Aug 15th, Independence Day, (3) Oct 2nd, Gandhi Jayanthi, (4) May 1st, May Day. These are mandatory. Apart from this, local Festival Holidays will also be observed according to regional festivals. So in total, most organizations are observing 13 holidays.
Regards,
PBS KUMAR
From India, Kakinada
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In general, the holidays are divided into National & Festival Holidays. There is an Act called the National & Festival Holidays Act. In Andhra Pradesh State, there is an Act called The Andhra Pradesh Factories & Establishments (National Festival and other holidays) Rules, 1974. Like that, each state may have separate rules. In that, the employer has to obtain permission from the concerned Labour Department in Form I, i.e., a statement showing the holidays allowed under Section 4 of the Andhra Pradesh Factories & Establishments (National, Festival, and other holidays). Each respective state has its own format.
The Concern State Labour Department has to issue the list of holidays every year. Apart from this, the concerned establishments or factories should observe their holidays. They have to obtain permission in the above said format from the concerned labour department.
Generally, the holidays are National Holidays: (1) Jan 26, the Republic Day, (2) Aug 15th, Independence Day, (3) Oct 2nd, Gandhi Jayanthi, (4) May 1st, May Day. These are mandatory. Apart from this, local Festival Holidays will also be observed according to regional festivals. So in total, most organizations are observing 13 holidays.
Regards,
PBS KUMAR
From India, Kakinada
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Many responses. Different views about one concept. Getting confused! Can somebody bifurcate and explain about the leaves applicable for Service Industry (IT/BPO/KPO etc...) and Manufacturing Industries.
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Many responses. Different views about one concept. Getting confused! Can somebody bifurcate and explain about the leaves applicable for Service Industry (IT/BPO/KPO etc...) and Manufacturing Industries.
From India, Bangalore
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---
Many responses. Different views about one concept. Getting confused! Can somebody bifurcate and explain about the leaves applicable for Service Industry (IT/BPO/KPO etc...) and Manufacturing Industries.
From India, Bangalore
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Hi,
Holidays depend on the Factories Act, Shop and Establishment Act of the State, etc. So, first, clarify it, like three national holidays and five festivals. However, the number of festivals can vary; it is at the discretion of the management. Then, consider CL (Casual Leave), SL (Sick Leave), EL/PL (Earned Leave/Privilege Leave), ML (Maternity Leave) – these are almost the same for all states.
Regards
From India, Delhi
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Holidays depend on the Factories Act, Shop and Establishment Act of the State, etc. So, first, clarify it, like three national holidays and five festivals. However, the number of festivals can vary; it is at the discretion of the management. Then, consider CL (Casual Leave), SL (Sick Leave), EL/PL (Earned Leave/Privilege Leave), ML (Maternity Leave) – these are almost the same for all states.
Regards
From India, Delhi
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Hi,
I am surprised to know that people are taking the profession of HR even without having basic knowledge requirements such as leave rules, ESI, and EPF rules. How did they pass their course?
In this electronic world, people don't want to study and simply put questions to sites.
Questions related to bigger issues like strikes, lockouts, retrenchment, and union negotiations will be much more useful. These issues require more study and comments.
Rules related to leave:
All organizations have to file a list of holidays for the next calendar year before 31st October. The minimum number of days should be 9, including compulsory national holidays - Republic Day, May Day, Independence Day, and Gandhi Jayanti. The balance (9-4=5) 5 days may be for festivals of the region where the establishment is situated. If any four compulsory holidays fall on a Sunday, that day is to be compensated.
Other leaves like CL and sick leave will be as per the company's policy.
Furthermore, all employees other than those under the Apprenticeship Act will be entitled to one day of earned leave for every 20 days worked (including the above 9 days).
From India, Madras
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I am surprised to know that people are taking the profession of HR even without having basic knowledge requirements such as leave rules, ESI, and EPF rules. How did they pass their course?
In this electronic world, people don't want to study and simply put questions to sites.
Questions related to bigger issues like strikes, lockouts, retrenchment, and union negotiations will be much more useful. These issues require more study and comments.
Rules related to leave:
All organizations have to file a list of holidays for the next calendar year before 31st October. The minimum number of days should be 9, including compulsory national holidays - Republic Day, May Day, Independence Day, and Gandhi Jayanti. The balance (9-4=5) 5 days may be for festivals of the region where the establishment is situated. If any four compulsory holidays fall on a Sunday, that day is to be compensated.
Other leaves like CL and sick leave will be as per the company's policy.
Furthermore, all employees other than those under the Apprenticeship Act will be entitled to one day of earned leave for every 20 days worked (including the above 9 days).
From India, Madras
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Dear Sundaramr,
Good to see that you are giving specific replies to the queries. I want to know under which act/rule you are stating that there should be a minimum of 9 holidays. Can you provide the following answers? This will clarify all the doubts of the people here. For example, if a business is under the Factory Act:
Q1. Then how many minimum CL/SL should be given and under which act/rule?
Q2. Whether NF has 3 or 4 compulsory holidays (is 1st May included in this list or not)?
Q3. How many minimum festivals should be given in Himachal Pradesh/Punjab/Haryana?
Waiting for your response.
Regards,
Manish Gupta
From India, Mumbai
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Good to see that you are giving specific replies to the queries. I want to know under which act/rule you are stating that there should be a minimum of 9 holidays. Can you provide the following answers? This will clarify all the doubts of the people here. For example, if a business is under the Factory Act:
Q1. Then how many minimum CL/SL should be given and under which act/rule?
Q2. Whether NF has 3 or 4 compulsory holidays (is 1st May included in this list or not)?
Q3. How many minimum festivals should be given in Himachal Pradesh/Punjab/Haryana?
Waiting for your response.
Regards,
Manish Gupta
From India, Mumbai
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Dear Roshni,
Following are the common paid holidays:
National compulsory holidays:
1. 26 Jan
2. 01 May
3. 15 Aug
4. 02 Oct
Remaining holidays include:
1. Holi
2. Hindu New Year
3. Dassehara
4. Ganesh Jayanti
5. Dipawali
6. Dipawali
Regards,
Shrikant
9423376641
From India, Pune
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Following are the common paid holidays:
National compulsory holidays:
1. 26 Jan
2. 01 May
3. 15 Aug
4. 02 Oct
Remaining holidays include:
1. Holi
2. Hindu New Year
3. Dassehara
4. Ganesh Jayanti
5. Dipawali
6. Dipawali
Regards,
Shrikant
9423376641
From India, Pune
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Hi all,
I came across a multinational corporation (MNC) where they have a very different sick leave policy, i.e., 5 days of sick leave:
- 1st day: no payment
- 2nd day: 50% paid
- 3rd to 5th day: 75% paid.
I want to know if this is legal in India. This MNC's headquarters is outside of India, and their base country has this sick leave policy, which is why it is being followed here.
What are your comments and legal suggestions on it?
Regards,
Anuradha
From India, Pune
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I came across a multinational corporation (MNC) where they have a very different sick leave policy, i.e., 5 days of sick leave:
- 1st day: no payment
- 2nd day: 50% paid
- 3rd to 5th day: 75% paid.
I want to know if this is legal in India. This MNC's headquarters is outside of India, and their base country has this sick leave policy, which is why it is being followed here.
What are your comments and legal suggestions on it?
Regards,
Anuradha
From India, Pune
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Dear Roshni,
It doesn't matter on which date or day the holiday falls, so you can show them in the list. But before that, how can you compensate the holiday with other festivals? I didn't get that. Please, can you explain it?
From India, Bhilai
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It doesn't matter on which date or day the holiday falls, so you can show them in the list. But before that, how can you compensate the holiday with other festivals? I didn't get that. Please, can you explain it?
From India, Bhilai
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I think the number of holidays in a year is 10. If any festival falls on a Sunday, then we can offer optional leave for those festivals that fall on a Sunday. This optional leave can be availed on any festival on which there is no holiday.
From India, Indore
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From India, Indore
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Dear Manishgupta1981,
Be informed that under the Industries & Establishment - National & Festival Act 1981, every unit registered with either the Factories Act or the Shop and Establishment Act has to declare 9 days as paid holidays for all employees irrespective of their joining or service.
Out of these 9 days, 4 days (Jan 26, May 1, Aug 15, and Oct 2) are compulsory, and there is no choice regarding them. The remaining 5 days can be decided by each unit based on their location, region, and the community class of staff strength. It is entirely at the unit's discretion.
If any of these compulsory 4 days fall on a Sunday, one more day can be declared as a paid holiday at the unit's choice.
Furthermore, there is no compulsion for any unit to declare or grant SL/CL. It is the unit's decision to have a policy for sick or casual leave. The unit can even deny both SL & CL.
No act is forcing the establishment to declare CL or SL.
However, all registered units should give one day of leave to all confirmed workers or staff (though most units will include staff under probation as well) for every 20 days worked, named as earned leave or privilege leave. When counting the 20 days, the aforementioned nine days will be considered as present days. This earned leave is for confirmed employees only, and it is the management's decision to cover all staff, including probation or trainees.
In India, our leave rules are not in favor of employees, and it is all part of outdated government policy. No government is willing to sit and review these policies, and our representatives of the people are not bothered to raise these issues in Parliament.
From India, Madras
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Be informed that under the Industries & Establishment - National & Festival Act 1981, every unit registered with either the Factories Act or the Shop and Establishment Act has to declare 9 days as paid holidays for all employees irrespective of their joining or service.
Out of these 9 days, 4 days (Jan 26, May 1, Aug 15, and Oct 2) are compulsory, and there is no choice regarding them. The remaining 5 days can be decided by each unit based on their location, region, and the community class of staff strength. It is entirely at the unit's discretion.
If any of these compulsory 4 days fall on a Sunday, one more day can be declared as a paid holiday at the unit's choice.
Furthermore, there is no compulsion for any unit to declare or grant SL/CL. It is the unit's decision to have a policy for sick or casual leave. The unit can even deny both SL & CL.
No act is forcing the establishment to declare CL or SL.
However, all registered units should give one day of leave to all confirmed workers or staff (though most units will include staff under probation as well) for every 20 days worked, named as earned leave or privilege leave. When counting the 20 days, the aforementioned nine days will be considered as present days. This earned leave is for confirmed employees only, and it is the management's decision to cover all staff, including probation or trainees.
In India, our leave rules are not in favor of employees, and it is all part of outdated government policy. No government is willing to sit and review these policies, and our representatives of the people are not bothered to raise these issues in Parliament.
From India, Madras
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The Rules as under are self explanatory. As per Section 3 of the Act it is 3 National Holidays & 4 days' Festival Holidays in Delhi & Ounjab and Five days in the State of Haryana.
There may be some slight variation in respective States. To be sure it is best to refer to the concerned State Rules in this regard.
Best Wishes,
Vasant Nair
HR Advisor
THE PUNJAB INDUSTRIAL ESTABLISHMENT
(NATIONAL AND FESTIVAL HOLIDAYS AND CASUAL
AND SICK LEAVE) ACT, 1965 (6.1 – 6.6)
(Punjab Act 14 of 1965)
TABLE OF CONTENTS
1. Short title, extent and commencement.
2. Definitions.
3. National and festival holidays.
4. Casual and sick leave.
5. Wages
6. Account of holidays and leave to be kept.
7. Inspectors
8. Powers of Inspectors.
9. Penalties.
10. Power to recover wages.
11. Penalty for obstructing Inspector.
12. Cognizance of offences.
13. Exemptions.
14. Rights and privileges under other laws, etc., not affected.
15. Power to make rules.
The Schedule
Received the assent of the Governor of Punjab on 19th. May, 1965, and was first
published in the Punjab Government Gazette Extraordinary, dated 22nd. June, 1965.
An Act to provide for the grant of National and Festival Holidays and Casual and
Sick Leave to persons employed in Industrial Establishments in the State of Punjab.
Be it enacted by the Legislature of the State of Punjab in the Sixteenth Year of the
Republic of India as Follows: -
Statement of Objects and Reason. – The Bill seeks to regulate the grant of various kinds
of leave and holidays to workmen employed in Industrial Establishments in the State. At
present these facilities are only available as a result of some awards or settlements or, in
some cases, through Standing Orders. It would also reduce industrial disputes and friction
among the employees on the grounds of non-grant of National and Festival holidays,
Casual and Sick Leave and thus ameliorate the condition of workmen and improve their
relations with the employers. (Punjab Government Gazette Extraordinary, dated the 25th.
February, 1965).
1. Short title, extent and commencement. -- (1) This Act may be called the Punjab
Industrial Establishment (National and Festival Holidays and Casual and Sick Leave)
Act, 1965.
(2) It extends to the whole of the State of Punjab/Haryana.
(3) It shall come into force on the 1st. day of July, 1965.
2. Definitions. -- In this Act, unless the context otherwise requires:
(a) “day” means a period of twenty-four hours beginning at mid-night.
Provided that in the case of a worker who works in a shift which extends beyond
mid-night, such period of twenty-four hours shall begin when his shift ends;
(b) “worker” means—
(i) any person (including an apprentice) employed in any industrial
establishment to do any skilled or unskilled, manual, supervisory,
technical or clerical work for hire or reward, whether the terms of
employment be expressed or implied; or
(ii) any other person employed in any industrial establishment whom the
Government may, by notification, declare to be a worker for the
purposes of this Act;
(c) “employer” when used in relation to an industrial establishment, means the person
who has ultimate control over the affairs of the industrial establishment, and,
where the affairs of any industrial establishment are entrusted to any other person,
whether called a managing agent, manager, superintendent, or by any other name,
such other person shall be deemed to be the employer;
(d) “Government means the Government of the State of Punjab;
(e) Industrial establishment” means—
(i) any factory as defined in clause (m) of section 2 of the Factories Act,
1948 (Central Act 63 of 1948), or any place which is deemed to be a
factory under sub-section (2) of section 85 of that Act; or
(ii) any plantation as defined in clause (f) of section 2 of the Plantation
Labour Act, 1951 (Central Act 69 of 1951);
(f) “inspector” means and Inspector appointed under sub-section (1) of section 7;
(g) “prescribed” means prescribed by rules made under this Act;
(h) “wages” means all remuneration (whether by way of salary, allowances or
otherwise) expressed in terms of money or capable of being so expressed which
would, of the term of employment, express or implied where fulfilled, be payable
to a worker in respect of his employment or of work done in such employment,
but does not include:
(a) any bonus;
(b) the value of any house accommodation, supply of light, water, medical
facilities or other amenity or of any service or of any confessional supply of
food grains or other articles;
(c) any contribution paid or payable by the employer: -
(i) to any pension or provident fund, and the interest which may have accrued
thereon; or
(ii) for the benefit of the worker under any law for the time being in force;
(iii) any traveling allowance or the value of any traveling concession;
(iv) any sum paid to the worker to defray special expenses entailed on him by
the nature of his employment; or
(f) any gratuity payable on the termination of employment.
3. National and festival holidays. – (1) Ever worker shall, in each calendar year, be
allowed in such manner an don such conditions as may be prescribed—
(a) three national holidays of one whole day each on the 26th. January, 15th. August
and 2nd. October; and
(b) four [five – for Haryana] 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) The Government may, by notification, add to the Schedule appended to this Act any
festival and thereupon the Schedule shall be deemed to be amended accordingly.
4. Casual and sick leave. – Every worker shall, in each calendar year, be allowed by the
employer casual leave for seven days and six leave for fourteen days in such manner and
on such conditions as may be prescribed.
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.
5. Wages. -- 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 waes 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.
6. Account of holydays and leave to be kept. – Every employer shall keep in such form
and manner as may be prescribed an account of the festival holidays, casual leave and
sick leave of every worker and every worker shall have access to such account.
7. Inspectors.-- (1) The Government may, by notification, appoint such persons or class
of persons as it may think fit to be Inspectors for carrying out the purposes of this Act for
such areas as may be specified in the notification.
(2) Every Inspector shall be deemed to be a public servant within the meaning of section
21 of Indian Penal Code (Central Act XLV of 160).
8. Powers of Inspectors. – Subject to any rules made by the Government in this behalf,
and Inspector may, within the area for which he is appointed—
(a) enter at all reasonable times any place which is, or which he has reason to believe
to be, an industrial establishment;
(b) make such examination of the premises and of any prescribed registers, records
and notices and take on the spot or otherwise the evidence of such person as he
may deem necessary for carrying out the purposes of this Act;
(c) exercise such other powers as may be necessary for carrying on the purposes of
this Act;
Provided that no one shall be required under this section to answer any question or give
any evidence tending to incriminate himself.
9. Penalties. -- Any employer who contravenes any of the provisions of sections 3,4,5
and 6 shall be punishable, for the first offence, with fine, which may extend to one
hundred rupees and for a second or subsequent offence, with fine which may extend to
two hundred fifty rupees.
10. Power to recover wages. -- (1) Where a Magistrate, while convicting an employer
under section 9, is satisfied that the worker has not been paid his due wages under this
Act, the amount of which shall be determined by the Magistrate, he shall direct the
employer to pay such wages to the worker.
(2) The amount of wages determined under sub-section (1) shall, for the purposes of
recovery, shall be deemed to be a fine imposed under this Act, in addition to the penalty
imposed under section 9 and shall be realized as such.
11. Penalty for obstructing Inspector. -- Whoever willfully obstructs an Inspector in the
exercise of any power conferred on him by or under this act or intentionally omits to
produce on demand in writing by and Inspector any register, record or notice in his
custody which may be required to keep in pursuance of this Act or of any rule made
thereunder, shall be punishable with imprisonment for a term which may extend to three
months, or with fine which may extend to five hundred rupees or with both.
12. Cognizance of offences. -- (1) No court shall take cognizance of any offence under
this Act or the rules made thereunder except on a complaint in writing by an aggrieved
person or an Inspector.
(2) No court below that of a Judicial Magistrate of the first class shall try any offence
punishable under this Act or the rules made thereunder.
13. Exemptions. -- (1) Nothing contained in this Act shall apply to—
(a) any worker drawing wages exceeding five hundred rupees per mensem and
employed mainly in the managerial administrative or supervisory capacity;
(b) any worker employed in any industrial establishment under the control of the
Government of the Central Government, or any State Government to whom the
Civil Service Rules or any other similar rules or regulations notified in this behalf
by the Government, Central Government or any State Government, as the case
may be apply; and
(c) any mine or oil field.
(2) The Government may, in public interest by notification, exempt either permanently or
for any specified period any class of industrial establishments from all or any of the
provisions of this Act subject to such conditions as the Government may deem fit.
14. Rights and privileges under other laws, etc., not affected. -- Nothing contained in
this Act shall affect any rights or privileges which any workers is entitled to receive
under any other law, [award—for Haryana] contract, custom or usage, if such rights or
privileges are more favourable to him than those to which he would be entitled under this
act.
15. Power to make rules. (1) The Government may, by notification and after previous
publicaitn, make rules fo the purpose of carrying out the provisions of this Act.
(2) In particular, and without prejudice to the foregoing power, such rules may provide
for—
(a) the manner in which, and the conditions on which, national and other holidays
shall be allowed to the workers under section 3;
(b) the number of days for which, the manner in which and the conditions in which,
casual and sick leave shall, be allowed to workers under section 4;
the form and manner in which an account of festival holidays, casual leave and
sick leave of workers shall be maintained by employers under section 6;
(3) In making a rule under this Act, the Government may provide that a contravention
thereof shall be punishable with fine, which may extend to fifty rupees.
(4) Every rule made under this section shall be laid as soon as may be after it is made
before [-] the State Legislature while it is in session for a total period of ten days which
may be comprised in one sessions or in two successive sessions, and if, before the expiry
of the session in which it is so laid or the sessions immediately following, [the
Legislature] agree in making any modification in the rule or [the Legislature] agree that
the rule should not be made, the rule shall thereafter effect only in such modified form or
be of no effect, ass the case may be; so however that any such modification or annulment
shall be without prejudice to the validity of anything previously done under that rule.
THE SCHEDULE
[See Section 3(1) (b)]
New Year Day Milad-ul-Nabii
Basant Panchmi Janam Ashtmi
Guru Ravi Dass’Birthday Dushehra
Shivratri Maharishi Balmiki’s Birthday
Holi Dewali
Hola Lala Lajpat Rai’s Death Anniversary
Id-l-fiter Guru Nanak’s Birthday
Lord Mahavir’s Birthday Christmas Day
Good Friday Jor Mela Fatehgarh Sahib
Baisakhi Guru Gobind Singh’s Birthday
Id-ul-Zuha Vishwa Karma Jainti
Guru Arjun Dev’s Martyrdom Day May Day
Muharrum
--------------------------
From India, Mumbai
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There may be some slight variation in respective States. To be sure it is best to refer to the concerned State Rules in this regard.
Best Wishes,
Vasant Nair
HR Advisor
THE PUNJAB INDUSTRIAL ESTABLISHMENT
(NATIONAL AND FESTIVAL HOLIDAYS AND CASUAL
AND SICK LEAVE) ACT, 1965 (6.1 – 6.6)
(Punjab Act 14 of 1965)
TABLE OF CONTENTS
1. Short title, extent and commencement.
2. Definitions.
3. National and festival holidays.
4. Casual and sick leave.
5. Wages
6. Account of holidays and leave to be kept.
7. Inspectors
8. Powers of Inspectors.
9. Penalties.
10. Power to recover wages.
11. Penalty for obstructing Inspector.
12. Cognizance of offences.
13. Exemptions.
14. Rights and privileges under other laws, etc., not affected.
15. Power to make rules.
The Schedule
Received the assent of the Governor of Punjab on 19th. May, 1965, and was first
published in the Punjab Government Gazette Extraordinary, dated 22nd. June, 1965.
An Act to provide for the grant of National and Festival Holidays and Casual and
Sick Leave to persons employed in Industrial Establishments in the State of Punjab.
Be it enacted by the Legislature of the State of Punjab in the Sixteenth Year of the
Republic of India as Follows: -
Statement of Objects and Reason. – The Bill seeks to regulate the grant of various kinds
of leave and holidays to workmen employed in Industrial Establishments in the State. At
present these facilities are only available as a result of some awards or settlements or, in
some cases, through Standing Orders. It would also reduce industrial disputes and friction
among the employees on the grounds of non-grant of National and Festival holidays,
Casual and Sick Leave and thus ameliorate the condition of workmen and improve their
relations with the employers. (Punjab Government Gazette Extraordinary, dated the 25th.
February, 1965).
1. Short title, extent and commencement. -- (1) This Act may be called the Punjab
Industrial Establishment (National and Festival Holidays and Casual and Sick Leave)
Act, 1965.
(2) It extends to the whole of the State of Punjab/Haryana.
(3) It shall come into force on the 1st. day of July, 1965.
2. Definitions. -- In this Act, unless the context otherwise requires:
(a) “day” means a period of twenty-four hours beginning at mid-night.
Provided that in the case of a worker who works in a shift which extends beyond
mid-night, such period of twenty-four hours shall begin when his shift ends;
(b) “worker” means—
(i) any person (including an apprentice) employed in any industrial
establishment to do any skilled or unskilled, manual, supervisory,
technical or clerical work for hire or reward, whether the terms of
employment be expressed or implied; or
(ii) any other person employed in any industrial establishment whom the
Government may, by notification, declare to be a worker for the
purposes of this Act;
(c) “employer” when used in relation to an industrial establishment, means the person
who has ultimate control over the affairs of the industrial establishment, and,
where the affairs of any industrial establishment are entrusted to any other person,
whether called a managing agent, manager, superintendent, or by any other name,
such other person shall be deemed to be the employer;
(d) “Government means the Government of the State of Punjab;
(e) Industrial establishment” means—
(i) any factory as defined in clause (m) of section 2 of the Factories Act,
1948 (Central Act 63 of 1948), or any place which is deemed to be a
factory under sub-section (2) of section 85 of that Act; or
(ii) any plantation as defined in clause (f) of section 2 of the Plantation
Labour Act, 1951 (Central Act 69 of 1951);
(f) “inspector” means and Inspector appointed under sub-section (1) of section 7;
(g) “prescribed” means prescribed by rules made under this Act;
(h) “wages” means all remuneration (whether by way of salary, allowances or
otherwise) expressed in terms of money or capable of being so expressed which
would, of the term of employment, express or implied where fulfilled, be payable
to a worker in respect of his employment or of work done in such employment,
but does not include:
(a) any bonus;
(b) the value of any house accommodation, supply of light, water, medical
facilities or other amenity or of any service or of any confessional supply of
food grains or other articles;
(c) any contribution paid or payable by the employer: -
(i) to any pension or provident fund, and the interest which may have accrued
thereon; or
(ii) for the benefit of the worker under any law for the time being in force;
(iii) any traveling allowance or the value of any traveling concession;
(iv) any sum paid to the worker to defray special expenses entailed on him by
the nature of his employment; or
(f) any gratuity payable on the termination of employment.
3. National and festival holidays. – (1) Ever worker shall, in each calendar year, be
allowed in such manner an don such conditions as may be prescribed—
(a) three national holidays of one whole day each on the 26th. January, 15th. August
and 2nd. October; and
(b) four [five – for Haryana] 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) The Government may, by notification, add to the Schedule appended to this Act any
festival and thereupon the Schedule shall be deemed to be amended accordingly.
4. Casual and sick leave. – Every worker shall, in each calendar year, be allowed by the
employer casual leave for seven days and six leave for fourteen days in such manner and
on such conditions as may be prescribed.
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.
5. Wages. -- 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 waes 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.
6. Account of holydays and leave to be kept. – Every employer shall keep in such form
and manner as may be prescribed an account of the festival holidays, casual leave and
sick leave of every worker and every worker shall have access to such account.
7. Inspectors.-- (1) The Government may, by notification, appoint such persons or class
of persons as it may think fit to be Inspectors for carrying out the purposes of this Act for
such areas as may be specified in the notification.
(2) Every Inspector shall be deemed to be a public servant within the meaning of section
21 of Indian Penal Code (Central Act XLV of 160).
8. Powers of Inspectors. – Subject to any rules made by the Government in this behalf,
and Inspector may, within the area for which he is appointed—
(a) enter at all reasonable times any place which is, or which he has reason to believe
to be, an industrial establishment;
(b) make such examination of the premises and of any prescribed registers, records
and notices and take on the spot or otherwise the evidence of such person as he
may deem necessary for carrying out the purposes of this Act;
(c) exercise such other powers as may be necessary for carrying on the purposes of
this Act;
Provided that no one shall be required under this section to answer any question or give
any evidence tending to incriminate himself.
9. Penalties. -- Any employer who contravenes any of the provisions of sections 3,4,5
and 6 shall be punishable, for the first offence, with fine, which may extend to one
hundred rupees and for a second or subsequent offence, with fine which may extend to
two hundred fifty rupees.
10. Power to recover wages. -- (1) Where a Magistrate, while convicting an employer
under section 9, is satisfied that the worker has not been paid his due wages under this
Act, the amount of which shall be determined by the Magistrate, he shall direct the
employer to pay such wages to the worker.
(2) The amount of wages determined under sub-section (1) shall, for the purposes of
recovery, shall be deemed to be a fine imposed under this Act, in addition to the penalty
imposed under section 9 and shall be realized as such.
11. Penalty for obstructing Inspector. -- Whoever willfully obstructs an Inspector in the
exercise of any power conferred on him by or under this act or intentionally omits to
produce on demand in writing by and Inspector any register, record or notice in his
custody which may be required to keep in pursuance of this Act or of any rule made
thereunder, shall be punishable with imprisonment for a term which may extend to three
months, or with fine which may extend to five hundred rupees or with both.
12. Cognizance of offences. -- (1) No court shall take cognizance of any offence under
this Act or the rules made thereunder except on a complaint in writing by an aggrieved
person or an Inspector.
(2) No court below that of a Judicial Magistrate of the first class shall try any offence
punishable under this Act or the rules made thereunder.
13. Exemptions. -- (1) Nothing contained in this Act shall apply to—
(a) any worker drawing wages exceeding five hundred rupees per mensem and
employed mainly in the managerial administrative or supervisory capacity;
(b) any worker employed in any industrial establishment under the control of the
Government of the Central Government, or any State Government to whom the
Civil Service Rules or any other similar rules or regulations notified in this behalf
by the Government, Central Government or any State Government, as the case
may be apply; and
(c) any mine or oil field.
(2) The Government may, in public interest by notification, exempt either permanently or
for any specified period any class of industrial establishments from all or any of the
provisions of this Act subject to such conditions as the Government may deem fit.
14. Rights and privileges under other laws, etc., not affected. -- Nothing contained in
this Act shall affect any rights or privileges which any workers is entitled to receive
under any other law, [award—for Haryana] contract, custom or usage, if such rights or
privileges are more favourable to him than those to which he would be entitled under this
act.
15. Power to make rules. (1) The Government may, by notification and after previous
publicaitn, make rules fo the purpose of carrying out the provisions of this Act.
(2) In particular, and without prejudice to the foregoing power, such rules may provide
for—
(a) the manner in which, and the conditions on which, national and other holidays
shall be allowed to the workers under section 3;
(b) the number of days for which, the manner in which and the conditions in which,
casual and sick leave shall, be allowed to workers under section 4;
the form and manner in which an account of festival holidays, casual leave and
sick leave of workers shall be maintained by employers under section 6;
(3) In making a rule under this Act, the Government may provide that a contravention
thereof shall be punishable with fine, which may extend to fifty rupees.
(4) Every rule made under this section shall be laid as soon as may be after it is made
before [-] the State Legislature while it is in session for a total period of ten days which
may be comprised in one sessions or in two successive sessions, and if, before the expiry
of the session in which it is so laid or the sessions immediately following, [the
Legislature] agree in making any modification in the rule or [the Legislature] agree that
the rule should not be made, the rule shall thereafter effect only in such modified form or
be of no effect, ass the case may be; so however that any such modification or annulment
shall be without prejudice to the validity of anything previously done under that rule.
THE SCHEDULE
[See Section 3(1) (b)]
New Year Day Milad-ul-Nabii
Basant Panchmi Janam Ashtmi
Guru Ravi Dass’Birthday Dushehra
Shivratri Maharishi Balmiki’s Birthday
Holi Dewali
Hola Lala Lajpat Rai’s Death Anniversary
Id-l-fiter Guru Nanak’s Birthday
Lord Mahavir’s Birthday Christmas Day
Good Friday Jor Mela Fatehgarh Sahib
Baisakhi Guru Gobind Singh’s Birthday
Id-ul-Zuha Vishwa Karma Jainti
Guru Arjun Dev’s Martyrdom Day May Day
Muharrum
--------------------------
From India, Mumbai
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On the 15th of August, January 26th, and October 2nd, apart from that, a company can have 6 to 8 days. In total, they should give a minimum of 9 days and a maximum of 11 days. This is what the industry is following. In Tamil Nadu, May 1st is a compulsory holiday.
From India, Madras
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From India, Madras
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Thank you, Sundaramr,
It is now clear that CL/SL are obligatory for employers, but normal HR practitioners state very strange kinds of rules like:
1. Not more than 2 CL/SL can be utilized.
2. CL & SL cannot be taken together.
3. Maximum of 7 CL & 7 SL can be there, and SL can be forwarded to the next year but CL can't.
What are these? Policies of a particular company, or is there some ACT for controlling these kinds of leaves? Explain for us to know better about these exigencies (emergencies - temporary) leaves.
Regards,
Manish Gupta
From India, Mumbai
Acknowledge(0)Amend(0)
It is now clear that CL/SL are obligatory for employers, but normal HR practitioners state very strange kinds of rules like:
1. Not more than 2 CL/SL can be utilized.
2. CL & SL cannot be taken together.
3. Maximum of 7 CL & 7 SL can be there, and SL can be forwarded to the next year but CL can't.
What are these? Policies of a particular company, or is there some ACT for controlling these kinds of leaves? Explain for us to know better about these exigencies (emergencies - temporary) leaves.
Regards,
Manish Gupta
From India, Mumbai
Acknowledge(0)Amend(0)Looking for something specific? - Join & Be Part Of Our Community and get connected with the right people who can help. Our AI-powered platform provides real-time fact-checking, peer-reviewed insights, and a vast historical knowledge base to support your search.
Mah Shop & Est (RECS) Rules 2018.pdf