Dear All, I need your advice. I am working for Dubai based shipping company whose back office is in India. We are a new start-up. My concern is regarding the Holidays.
Since my staff is working in Dubai as well as India, what are the criteria that I should apply for before finalizing the holidays? Or is there any prescribed rule on this? Request all of your kind support & guidance in this. Looking forward to hearing from you.
From India, Trivandrum
3Since my staff is working in Dubai as well as India, what are the criteria that I should apply for before finalizing the holidays? Or is there any prescribed rule on this? Request all of your kind support & guidance in this. Looking forward to hearing from you.
From India, Trivandrum
Dear Meera,
When a company has its operations across the globe, its branches and their operations would be covered by the laws of the country where they are situated. Therefore, working conditions such as working hours, holidays, leave etc., to the employees of such branches shall only be as per the applicable law of the land.
Applying this principle, the employees of the Dubai-based shipping Company's back-office in India should be allowed the national, festival and other holidays as per the applicable State Shops & Establishments Act only.
As presumably your back office might be at Trivandrum, please refer to the Kerala Industrial Establishments ( National & Festival Holidays ) Act,1958 and the Kerala Shops and Establishments Act,1960.
From India, Salem
When a company has its operations across the globe, its branches and their operations would be covered by the laws of the country where they are situated. Therefore, working conditions such as working hours, holidays, leave etc., to the employees of such branches shall only be as per the applicable law of the land.
Applying this principle, the employees of the Dubai-based shipping Company's back-office in India should be allowed the national, festival and other holidays as per the applicable State Shops & Establishments Act only.
As presumably your back office might be at Trivandrum, please refer to the Kerala Industrial Establishments ( National & Festival Holidays ) Act,1958 and the Kerala Shops and Establishments Act,1960.
From India, Salem
Dear Meera,
India has a federal structure of government and the labour laws in India are governed by the state or the union government as applicable. The state in which the back office of your company is located, the rules for the closed holiday will become applicable.
A few states like Karnataka have passed exclusive act like "The Karnataka Industrial Establishments (National And Festival Holidays) Act, 1963". Please the state in which the back office of your company is located has similar such act. Otherwise, check the provisions of the shops and establishment act.
Thanks,
Dinesh Divekar
From India, Bangalore
India has a federal structure of government and the labour laws in India are governed by the state or the union government as applicable. The state in which the back office of your company is located, the rules for the closed holiday will become applicable.
A few states like Karnataka have passed exclusive act like "The Karnataka Industrial Establishments (National And Festival Holidays) Act, 1963". Please the state in which the back office of your company is located has similar such act. Otherwise, check the provisions of the shops and establishment act.
Thanks,
Dinesh Divekar
From India, Bangalore
As our seniors have said, you need to provide the holidays that is required under indian regulations.
For that purpose, you need to check the local laws that provide the holiday requirements in your state.
If there is no specific provision, then there are 3 national holidays that is required by law and all other holidays are optional. So those 3 days (26th jan, 15th aug, 2nd oct).
Therefore other day may be given in accordance to the dubai laws.
The reason you need to give those days as holiday is that the country does not work on those days and therefore you probably have not work for the backoffice team in india.
On the other hand, you may need your teams to work on 26th jan 15th aug and in those cases you need to pay double rate overtime to the employees who are requried to work.
Please also note that Dubai has friday weekly off and you would need to follow the same too.
From India, Mumbai
For that purpose, you need to check the local laws that provide the holiday requirements in your state.
If there is no specific provision, then there are 3 national holidays that is required by law and all other holidays are optional. So those 3 days (26th jan, 15th aug, 2nd oct).
Therefore other day may be given in accordance to the dubai laws.
The reason you need to give those days as holiday is that the country does not work on those days and therefore you probably have not work for the backoffice team in india.
On the other hand, you may need your teams to work on 26th jan 15th aug and in those cases you need to pay double rate overtime to the employees who are requried to work.
Please also note that Dubai has friday weekly off and you would need to follow the same too.
From India, Mumbai
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Holiday list for 2016.pdf
Central-Governm ent- of-India-Holida y-List 2016-page-001.j pg