Hi, I am working in a US-based company, but it is an India Pvt Ltd. We are working in the India branch, but we are not getting leave on the 15th of August or 26th of January without any compensation. They give us leave on the US Independence Day instead of India. Is this allowed?
From India, undefined
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From India, undefined
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The leave rule (for national holidays) is with regard to the place of the business, irrespective of whether it's a factory or an office for non-government organizations. These are covered under different STATE ACTS or by notifications issued by State Governments.
Kindly refer to the Bombay Shops & Estb. Act, 1948, Chapter VII, sec-35 clause 4.
Cheers,
A.B
From India, Mumbai
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38Kindly refer to the Bombay Shops & Estb. Act, 1948, Chapter VII, sec-35 clause 4.
Cheers,
A.B
From India, Mumbai
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Yes , as per the US policy you need to follow the rules, if the company is not showing the accountablity of the accounts as per Indian Labour laws i.,e.,(PF & ESI )
From India, Hyderabad
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From India, Hyderabad
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It can never be possible, and if you are facing such a problem, then please go to the labor office and inform them. Whenever it's open, even on any national holiday, they will make a file and file a claim against it. It can lead to the shutdown of the company because it is very strict to open any factory, company, etc.
Thanks & Regards,
Sandeep Rathi
sprathi8742@gmail.com
From India, Delhi
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Thanks & Regards,
Sandeep Rathi
sprathi8742@gmail.com
From India, Delhi
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Further to the above comment, if an employee works on a public holiday or weekly off, the company has to either pay his/her wages in double or provide a compensatory off. It also helps if a comprehensive Leave & Attendance Policy is prepared and informed to all employees. Hope this helps.
Best Regards / Abdul Razak N.
From India, Bengaluru
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Best Regards / Abdul Razak N.
From India, Bengaluru
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If you are working in a private limited company in India, the concerned state rules are critical when it comes to holidays. Being a subsidiary of a US company or working in a BPO, where employees typically work according to Customer Time Zones, holidays, etc., some of the Indian public holidays such as Independence Day, Gandhi Jayanti, Republic Day, etc., are essential holidays for employees. However, for business continuity, if an employee has to work on such holidays, the employer has to compensate the employee according to prevailing rules.
From India, Bangalore
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From India, Bangalore
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Request to all,
Please mention the state you are working in and the type of organization - factory or establishment - as laws can differ from state to state. You need to brief your principals on the 'compulsory holidays' as mentioned in the Mumbai Shops Act. They will definitely need to make changes based on this information.
From India, Mumbai
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Please mention the state you are working in and the type of organization - factory or establishment - as laws can differ from state to state. You need to brief your principals on the 'compulsory holidays' as mentioned in the Mumbai Shops Act. They will definitely need to make changes based on this information.
From India, Mumbai
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Thank you for your response. However, did you know that more than 1000 people worked on all national holidays without any compensation? Surprisingly, no one has spoken up about this yet. Is there a possibility of someone taking action, or am I at risk of being dismissed for raising a complaint?
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Whatever the home country of the institution that has its branch or subsidiary unit in India, all Indian Labor Laws would be applicable as long as it is an industrial establishment. Particularly, leave provisions are designed in response to local/regional customs prevailing in the geographical area. It is advisable to bring this to the notice of the enforcement authority concerned, either directly or indirectly.
From India, Salem
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From India, Salem
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It is illegal to do so as per the National Holidays Act. Write an anonymous letter to the labor department. They will raid premises during the holiday and heavily challan the employer. The address of the labor department under jurisdiction is available on the web.
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1. Sir, the person who raised this issue/thread, in my opinion, can also take up the issue through the proper channel in his organization and request the administration to change their policy regarding following National Holidays as per Indian Laws. I think no MNC will like to violate the laws as applicable in the land where they are pursuing their offices/business.
2. The above issue, in my opinion, can also be raised by the above person through their Trade Union/Employees' Representatives with the employer/administration.
From India, Noida
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2. The above issue, in my opinion, can also be raised by the above person through their Trade Union/Employees' Representatives with the employer/administration.
From India, Noida
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The Tamil Nadu Industrial Establishments (National And Festival Holidays) Amendment Act, 2017.pdf
FACTORIES ACT-leave rules.doc