Dear Friends... My self Ranjana working in an MNC in HR department, I am having a query regarding National Holidays..
If any employee applied for the leave for 10 days and in between national Holidays comes like 15th August & Rakshabhandhan, than the employee has to fill that as leave or he will get the benefit of a national holiday for two days.. My last company's HOD is saying that benefit should be given to each and every employee who is working in a company either he is on leave or on work. Please guide me according to the law.
Many thanks
Ranjana C
3If any employee applied for the leave for 10 days and in between national Holidays comes like 15th August & Rakshabhandhan, than the employee has to fill that as leave or he will get the benefit of a national holiday for two days.. My last company's HOD is saying that benefit should be given to each and every employee who is working in a company either he is on leave or on work. Please guide me according to the law.
Many thanks
Ranjana C
Ranjana,
It's totally depend upon your copmany policy. Some copmanies have the policy where weekly off and holidays are counted in leave, if it come in between leave. However some copmanies don't.
It is upto your copmany policy.
Regards,
From India, Pune
It's totally depend upon your copmany policy. Some copmanies have the policy where weekly off and holidays are counted in leave, if it come in between leave. However some copmanies don't.
It is upto your copmany policy.
Regards,
From India, Pune
Dear Ranjana,
I agree wz Vinod that every co has its own Leave policy as i ahve had similar experience in 2 different companies so pls check wz your HR team abt the rules for this type of leave combinations.
Rgds
SD
From India, Bangalore
I agree wz Vinod that every co has its own Leave policy as i ahve had similar experience in 2 different companies so pls check wz your HR team abt the rules for this type of leave combinations.
Rgds
SD
From India, Bangalore
Dear Ranjana,
It is general principle that if you have applied Casual Leave, then intervening National Holiday/weekly holidays do not count and if it is any other kind of leave then National Holiday/weekly holidays intervening your leave are part of the leave applied. However, NH/WO falling at the beginning or at the end of leave applied for are not counted.
Policies are framed within this frame. However, policy can provide better benefit i.e. intervening NH/WO may not count because for better benefit, no body is going to question.
Thanks
V K Gupta
From India, Panipat
It is general principle that if you have applied Casual Leave, then intervening National Holiday/weekly holidays do not count and if it is any other kind of leave then National Holiday/weekly holidays intervening your leave are part of the leave applied. However, NH/WO falling at the beginning or at the end of leave applied for are not counted.
Policies are framed within this frame. However, policy can provide better benefit i.e. intervening NH/WO may not count because for better benefit, no body is going to question.
Thanks
V K Gupta
From India, Panipat
Dear Sir,
Generally the National and Festival holidays are applicable even on leave intermittent because that leave if not allowed, he will have to forgo
that leave. As such some companies will allow the leave falls on leave period. Some companies will treat that holiday also as leave.
But as per N & FH Act, we have allow that holiday and treat the other days as leave.
D.Gurumurthy
HR & IR Consultant, Hyd.
From India, Hyderabad
Generally the National and Festival holidays are applicable even on leave intermittent because that leave if not allowed, he will have to forgo
that leave. As such some companies will allow the leave falls on leave period. Some companies will treat that holiday also as leave.
But as per N & FH Act, we have allow that holiday and treat the other days as leave.
D.Gurumurthy
HR & IR Consultant, Hyd.
From India, Hyderabad
Referring Mr V K Gupta’s comments “NH/WO falling at the beginning or at the end of leave applied for are not counted”, I would like to have more clarification.
Is it under any Rule/Law, or an Organisations’s policy, that decides the above statement ?.
In my company, one day or two day’s leave taken, adjacent to any holiday.... for considering leave deduction, holiday is also included. Is it justified ! Even two days leave on Friday and Saturday are considered as three days deduction (since it is connected to Sunday which is our weekly off). Is it justified !! What law says ? Your guidance will be much appreciated. We work under Mumbai Shops & Establishment Act.
From India, Mumbai
Is it under any Rule/Law, or an Organisations’s policy, that decides the above statement ?.
In my company, one day or two day’s leave taken, adjacent to any holiday.... for considering leave deduction, holiday is also included. Is it justified ! Even two days leave on Friday and Saturday are considered as three days deduction (since it is connected to Sunday which is our weekly off). Is it justified !! What law says ? Your guidance will be much appreciated. We work under Mumbai Shops & Establishment Act.
From India, Mumbai
There are three National Holidays..26th Jan, 15th Aug. and 2nd Oct. If any of these National Holidays falls during anyone\'s leave period,it will not be treated as part of leave.
From India, Mumbai
From India, Mumbai
Please note the following National Holidays:-
26th January,14th April, 1st May, 15th Aug, 2nd Oct, and Regional New Year.
Raksha Bandan is not a National Holiday.
Leave rules must have been chartered out by you, as a policy of your company.
If your leave policy says that intervening Weekly Holidays, Second/Fourth Saturdays, Festival Holidays etc., are to be considered as Leave with pay is to be adhered to. Or, if your policy is made not incorporating the above, then you may calculate the exact working days only for calculating the days of Leave.
But in general, intervening holidays, whatever may be the nomenclature to it, being accounted as Leave only, in the absence of specific policy to it.
best wishes,.
From India, Pune
26th January,14th April, 1st May, 15th Aug, 2nd Oct, and Regional New Year.
Raksha Bandan is not a National Holiday.
Leave rules must have been chartered out by you, as a policy of your company.
If your leave policy says that intervening Weekly Holidays, Second/Fourth Saturdays, Festival Holidays etc., are to be considered as Leave with pay is to be adhered to. Or, if your policy is made not incorporating the above, then you may calculate the exact working days only for calculating the days of Leave.
But in general, intervening holidays, whatever may be the nomenclature to it, being accounted as Leave only, in the absence of specific policy to it.
best wishes,.
From India, Pune
Hi Ranjana, Employee should be given a holiday (National holiday) & will not be taken into account of availed leave....
From India, Chennai
From India, Chennai
Dear Ranjana
under factory act , Leave with wagesa by worker any sunday/holiday/national festival/closed day falling intervening period is not counted as leave. it is excluded from the number days a person proceeds on leave.
leave policies in general: any holiday falling either end of leave period can be suffixed or prefixed to leave
but any holiday falling during the intervening period is included in the leave.
thanks & regards
RLDhingra,Advocate
Labour Law Consultant, Delhi
9818309937,Email:rld_498@rediffmail.com
From India, Delhi
under factory act , Leave with wagesa by worker any sunday/holiday/national festival/closed day falling intervening period is not counted as leave. it is excluded from the number days a person proceeds on leave.
leave policies in general: any holiday falling either end of leave period can be suffixed or prefixed to leave
but any holiday falling during the intervening period is included in the leave.
thanks & regards
RLDhingra,Advocate
Labour Law Consultant, Delhi
9818309937,Email:rld_498@rediffmail.com
From India, Delhi
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