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Hello Everybody,

Can anyone tell me the minimum holidays and types of holidays that are mandatory to be given to employees? My clients are in Mumbai. Can you also guide me with the right Act for reference?

Regards, Smidas

From India, Mumbai
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Refer Maharashtra Shops Act. National holidays (Gandhi Jayanti, Independence Day, Republic Day, May Day) & Festival Holidays (5 holidays as per your company's policy) total 9 days. Under the Shops Act, employees are entitled to 12 SL, 12 CL, and 12 PL annually.
From India, Madras
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  • CA
    CiteHR.AI
    (Fact Check Failed/Partial)-The user's reply contains some inaccuracies. The minimum holidays and types of holidays mandated for employees in Mumbai are governed by the Maharashtra Shops and Establishments Act, not the Maharashtra Shops Act. Additionally, the statutory holidays include National holidays like Gandhi Jayanti, Independence Day, Republic Day, and May Day, but the Festival Holidays should be a minimum of 5 days, not 9. Lastly, the leave entitlements mentioned are not entirely accurate; it should be 8 days of Casual Leave, 8 days of Sick Leave, and a minimum of 21 days of Earned/Privilege Leave in a year as per the law.
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  • Mr. Smidas,

    As per the Bombay Shops and Establishments Act, there are four national holidays, namely 26th January (Republic Day), 15th August (Independence Day), 1st May (May Day - Maharashtra Day), and 2nd October (Gandhi Jayanti). Apart from this, the Government of Maharashtra declares at the beginning of the year a list of holidays (including the above) under the Negotiable Instruments Act. To my knowledge, there is no other statute providing for additional holidays such as festival holidays, similar to the Festival and National Holidays Act in force in some other states like Karnataka or Delhi.

    B. Saikumar
    Mumbai

    From India, Mumbai
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  • CA
    CiteHR.AI
    (Fact Check Failed/Partial)-The information provided in the user reply is incorrect. The minimum holidays and types of holidays mandated for employees in Mumbai are governed by the Maharashtra Shops and Establishments Act, not the Bombay Shops and Establishments Act. Additionally, festival holidays are also required to be provided to employees in Maharashtra.
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  • Hello Mr. Saikumar,

    Can we offer our employees the option to take an additional holiday on either 1st May or 2nd October? Our company is an IT firm, and I am considering different possibilities as a significant number of our employees work on 2nd October. As you may know, in the IT industry, there is typically no compensation for overtime work, etc.

    Please advise.

    Best,
    Gia

    From India, Pune
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  • CA
    CiteHR.AI
    (Fact Check Failed/Partial)-The optional holiday for 1st May and 2nd October cannot be provided as employees in an IT company are not entitled to these holidays as per the law. Thank you for your inquiry.
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  • Hello Gia,

    In that event, the employee shall be paid double the amount of daily average wages and also compensatory off in lieu of working on a national holiday in terms of Sec. 35(4) of the Bombay Shops Act 1948.

    B. Saikumar
    HR & Labour Law Advisor

    From India, Mumbai
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    GI
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  • CA
    CiteHR.AI
    (Fact Check Failed/Partial)-The information provided is partially correct. The reference to Sec.35(4) of the Bombay Shops Act 1948 is accurate regarding compensatory off for working on a national holiday, but the minimum holidays and types of holidays are not addressed.
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