Hi All,
I am working in a construction company, till date there was no provision for any leaves or holidays. The company deducts the salary for the no. of days absent from the employees total salary.Then as an HR i proposed to have minimum 21 days leave but now the management is saying that they will include all the national holidays in this 21 days and whatever left will be leave. Would like to know that is there any difference in the leaves and holidays and is it written or stated in any act that company should give leaves and holidays separately. Please reply in urgent. This system is not beneficial to the employees.
regards,
Deepali
From China
3I am working in a construction company, till date there was no provision for any leaves or holidays. The company deducts the salary for the no. of days absent from the employees total salary.Then as an HR i proposed to have minimum 21 days leave but now the management is saying that they will include all the national holidays in this 21 days and whatever left will be leave. Would like to know that is there any difference in the leaves and holidays and is it written or stated in any act that company should give leaves and holidays separately. Please reply in urgent. This system is not beneficial to the employees.
regards,
Deepali
From China
I Strongly Agree To You.because Leaves &holidays Both R Different.leave Is From Employee Right.but Holidays Fixed By Companies,here Some Holidays Providing Is Must &should Follow The Company.like Republic Day,independence Day,ramjan,october 2nd,krismus,vijayadasami,deepavali.supreme Court Reduce 21 Holidays To 16 Holidays National,
From India, Hyderabad
From India, Hyderabad
An organization generally has anywhere from 10-12 holidays throughout the year. Apart from this, there are different types of leaves assigned - paid, casual, sick, paternity, bereavement leave.
It is the right of every employee to get leaves apart from the mandatory holidays.
Regards,
Nikita
From India, Pune
It is the right of every employee to get leaves apart from the mandatory holidays.
Regards,
Nikita
From India, Pune
Dear Deepali,
Just split those 21 days into Earned Leaves and Sick Leaves (As per factories act) and rest of leaves as casual leave (Thease may vary from 0 to 15 as per organization policy) . There will be no legal conflict. I had already dissued thease things in some other post.
It is better to keep in mind that "Leaves are not matter of RIGHT"
I suggest a practice which is followed by PSU's
1: National Holidays.-Enforceable by law (i.e. 26 Jan, 15 Aug and 2nd Oct)
2. Gazetted Holidays: Includes major festivals limited to 12 numbers. Decided by collective employee representative/ groups. The list may vary from unit to unit.
3. Restricted Holidays: Includes all minor festivals . List may reach up to 30 or more. Any employee is free to opt any two days out of the list. Leave Application/ Notice may be moved three days earlier.
Upon this pattern you can make two list of Notified and optional holidays. Employees will have option to choose from options.
Surely we need to develop an approach to make balance between communitarianism value system and individualistic value system by leading from communitarianism to individualistic value system or vice versa. Some way you will feel there is a valid need to address sensitivity of an individual person also.
Deciding leaves and holidays for an organization is not a job to be finished any how. There must be some rationalization.
There will be a policy “at least how many days the office will function in a year. e.g. 280 days. (Many industrial plants run through out of year. This part is not addressed here.)
At least what percentage of employee population is needed to run office effectively? Make an example the office population is 100 and 80% are needed run office effectively. (Assuming critical positioning exercise has been done. There are clear instructions that who will look after the critical position if the position holder is not present.)
Assume that during some festival of a particular community, holiday is not declared. 30% percent population is absent by taking casual\sick leave. Productivity of office went to bottom. Those who are present, they also are not working properly and trying to leave office early at evening. Even after that all those dissatisfaction with grunting and hissing is present.
Q. Is it beneficial to remain office functional that day?
It may be better to plan this way:
Keep in mind minimum numbers of functional days e.g. 280 days remaining days in a year = 85
Statuary holiday e.g. Sundays=`=~ 52. Remains days 85-52=33
Leaves to address personal needs, casual leaves=12 (100% consumption at extreme condition)
Again remaining days=33-12= 21
Coming to holidays addressing common social needs (GH) = restricted to 12+-2*
(e.g. * If all your client office are closed on X`mas day, and you choose to keep it functional that day because you have no Christian employee. what productivity will be of your office. By closing it at least you can save some electricity bill and can earn a smile in employee face. Need not to say if the attitude is different, you are standing with other happiness and serving a national cause)
Holidays addressing demography specific social needs (RH) = restricted to 2+-1
(Where less than 20% of the population is supposed to use it at a single event. Make the list comprehensive enough. For example if there are only 10 festivals in RH list. It may likely to be consumed @ 20% at each holiday, which will kill the purpose at last. If it has more than 30 festivals, more likely 2-3% absenteeism will be there which is manageable. There will be no need to restrict a Muslim to not take a leave at Mahashivratri and a Hindu on Ester. Off course no one can stop. Surely competent authority holds the power to grant the sanction in the ground of inadequate manpower or some other type of emergency. But if he does so, it is itself an indicator of mismanagement, bad planning and organizing.)
Remaining days 21-14=7
There are still 7 days in hand to handle any emergency otherwise it is ensured that office will remain functional for more than 280 days.
May please refer the list where the last 13 are chosen as GH and rest as RH by employee representative groups. (List of festivals is provided to them along with guide lines to select GH days)
LIST OF HOLIDAYS FOR THE YEAR 2008
Sl. No. Holiday Date 1929-30 SAKA ERA Day of Week
1 New Year Day January 01 Pausa 11 Tuesday
2 Guru Govind Singh's Birthday January 05 Pausa 15 Saturday
3 Makara Sankranti (N. India) January 14 Pausa 24 Monday
4 Makara Sankranti (Bengal)/Pongal January 15 Pausa 25 Tuesday
5 Muharram January 19 Pausa 29 Saturday
6 Basant Panchami / Shree Panchami February 11 Magha 22 Monday
7 Sivaji Jayanti February 19 Magha 30 Tuesday
8 Guru Ravidas Birthday February 21 Phalguna 02 Thursday
9 Maharishi Dayanand Saraswati Jayanti March 02 Phalguna 12 Sunday
10 Good Friday/Holika Dahan (Dol Yatra) March 21 Chaitra 01 Friday
11 Easter (Sunday) March 23 Chaitra 03 Sunday
12 Milad-Un-Nabi (Birthday of Prophet Mohammed) April 01 Chaitra 11 Friday
13 Chaitra Sukhaladi/Gudi Padava/Ugadi/Cheti Chand April 07 Chaitra 18 Monday
14 Vaisakhi/Vishu April 13 Chaitra 24 Sunday
15 Vaisakhadi (Bengal)/Bahag Bihu (Assam)/Mesadi April 14 Chaitra 25 Monday
16 Mahavir Jayanti April 18 Chaitra 29 Friday
17 Birthday of Rabindra Nath Tagore May 08 Vaishakha 18 Thursday
18 Buddha Purnima May 20 Vaishakha 30 Tuesday
19 Rath Yatra July 04 Asadha 13 Friday
20 Hazarat Ali's Birthday July 17 Asadha 26 Thursday
21 Raksha Bandhan August 16 Sravana 25 Saturday
22 Parsi New Year 19-Aug Sravana 28 Tuesday
23 Janmashtami (Smarta & Vaishnava) August 24 Bhadra 02 Sunday
24 Ganesh Chaturthi/Vinayak Chaturthi September 03 Bhadra 12 Wednesday
25 Onam September 12 Bhadra 21 Friday
26 Jamat-Ul-Vida September 26 Asvina 04 Friday
27 Dussehra (Maha Saptami) (Additional) October 06 Asvina 14 Monday
28 Dussehra (Maha Ashtami) (Additional) October 07 Asvina 15 Tuesday
29 Maharishi Valmiki's Birthday October 14 Asvina 22 Tuesday
30 Narak Chaturdasi October 27 Kartika 05 Monday
31 Govardhan Puja October 29 Kartika 07 Wednesday
32 Bhai Duj October 30 Kartika 08 Thursday
33 Guru Teg Bahadur's Martyrdrom Day November 24 Agrahayana 03 Monday
34 Christmas Eve December 24 Pausa 03 Wednesday
1 Republic Day January 26 Magha 06 Saturday
2 Maha Shivratri March 06 Phalguna 16 Thursday
3 Holi March 22 Chaitra 02 Saturday
4 Ram Navami (Vaisnava) April 14 Chaitra 25 Monday
5 Independence Day August 15 Sravana 24 Friday
6 Mahatma Gandhi's Birthday/Idul Fitr October 02 Asvina 10 Thursday
7 Dussehra (Maha Navami) October 08 Asvina 16 Wednesday
8 Dussehra (Vijaya Dashami) October 09 Asvina 17 Thursday
9 Deepavali (South India) October 27 Kartika 05 Monday
10 Diwali (Deepavali) October 28 Kartika 06 Tuesday
11 Guru Nanak's Birthday November 13 Kartika 22 Thursday
12 Idu'l Zuha (Bakrid) December 09 Agrahayana 18 Tuesday
13 Christmas Day December 25 Pausa 04 Thursday
From India, New Delhi
Just split those 21 days into Earned Leaves and Sick Leaves (As per factories act) and rest of leaves as casual leave (Thease may vary from 0 to 15 as per organization policy) . There will be no legal conflict. I had already dissued thease things in some other post.
It is better to keep in mind that "Leaves are not matter of RIGHT"
I suggest a practice which is followed by PSU's
1: National Holidays.-Enforceable by law (i.e. 26 Jan, 15 Aug and 2nd Oct)
2. Gazetted Holidays: Includes major festivals limited to 12 numbers. Decided by collective employee representative/ groups. The list may vary from unit to unit.
3. Restricted Holidays: Includes all minor festivals . List may reach up to 30 or more. Any employee is free to opt any two days out of the list. Leave Application/ Notice may be moved three days earlier.
Upon this pattern you can make two list of Notified and optional holidays. Employees will have option to choose from options.
Surely we need to develop an approach to make balance between communitarianism value system and individualistic value system by leading from communitarianism to individualistic value system or vice versa. Some way you will feel there is a valid need to address sensitivity of an individual person also.
Deciding leaves and holidays for an organization is not a job to be finished any how. There must be some rationalization.
There will be a policy “at least how many days the office will function in a year. e.g. 280 days. (Many industrial plants run through out of year. This part is not addressed here.)
At least what percentage of employee population is needed to run office effectively? Make an example the office population is 100 and 80% are needed run office effectively. (Assuming critical positioning exercise has been done. There are clear instructions that who will look after the critical position if the position holder is not present.)
Assume that during some festival of a particular community, holiday is not declared. 30% percent population is absent by taking casual\sick leave. Productivity of office went to bottom. Those who are present, they also are not working properly and trying to leave office early at evening. Even after that all those dissatisfaction with grunting and hissing is present.
Q. Is it beneficial to remain office functional that day?
It may be better to plan this way:
Keep in mind minimum numbers of functional days e.g. 280 days remaining days in a year = 85
Statuary holiday e.g. Sundays=`=~ 52. Remains days 85-52=33
Leaves to address personal needs, casual leaves=12 (100% consumption at extreme condition)
Again remaining days=33-12= 21
Coming to holidays addressing common social needs (GH) = restricted to 12+-2*
(e.g. * If all your client office are closed on X`mas day, and you choose to keep it functional that day because you have no Christian employee. what productivity will be of your office. By closing it at least you can save some electricity bill and can earn a smile in employee face. Need not to say if the attitude is different, you are standing with other happiness and serving a national cause)
Holidays addressing demography specific social needs (RH) = restricted to 2+-1
(Where less than 20% of the population is supposed to use it at a single event. Make the list comprehensive enough. For example if there are only 10 festivals in RH list. It may likely to be consumed @ 20% at each holiday, which will kill the purpose at last. If it has more than 30 festivals, more likely 2-3% absenteeism will be there which is manageable. There will be no need to restrict a Muslim to not take a leave at Mahashivratri and a Hindu on Ester. Off course no one can stop. Surely competent authority holds the power to grant the sanction in the ground of inadequate manpower or some other type of emergency. But if he does so, it is itself an indicator of mismanagement, bad planning and organizing.)
Remaining days 21-14=7
There are still 7 days in hand to handle any emergency otherwise it is ensured that office will remain functional for more than 280 days.
May please refer the list where the last 13 are chosen as GH and rest as RH by employee representative groups. (List of festivals is provided to them along with guide lines to select GH days)
LIST OF HOLIDAYS FOR THE YEAR 2008
Sl. No. Holiday Date 1929-30 SAKA ERA Day of Week
1 New Year Day January 01 Pausa 11 Tuesday
2 Guru Govind Singh's Birthday January 05 Pausa 15 Saturday
3 Makara Sankranti (N. India) January 14 Pausa 24 Monday
4 Makara Sankranti (Bengal)/Pongal January 15 Pausa 25 Tuesday
5 Muharram January 19 Pausa 29 Saturday
6 Basant Panchami / Shree Panchami February 11 Magha 22 Monday
7 Sivaji Jayanti February 19 Magha 30 Tuesday
8 Guru Ravidas Birthday February 21 Phalguna 02 Thursday
9 Maharishi Dayanand Saraswati Jayanti March 02 Phalguna 12 Sunday
10 Good Friday/Holika Dahan (Dol Yatra) March 21 Chaitra 01 Friday
11 Easter (Sunday) March 23 Chaitra 03 Sunday
12 Milad-Un-Nabi (Birthday of Prophet Mohammed) April 01 Chaitra 11 Friday
13 Chaitra Sukhaladi/Gudi Padava/Ugadi/Cheti Chand April 07 Chaitra 18 Monday
14 Vaisakhi/Vishu April 13 Chaitra 24 Sunday
15 Vaisakhadi (Bengal)/Bahag Bihu (Assam)/Mesadi April 14 Chaitra 25 Monday
16 Mahavir Jayanti April 18 Chaitra 29 Friday
17 Birthday of Rabindra Nath Tagore May 08 Vaishakha 18 Thursday
18 Buddha Purnima May 20 Vaishakha 30 Tuesday
19 Rath Yatra July 04 Asadha 13 Friday
20 Hazarat Ali's Birthday July 17 Asadha 26 Thursday
21 Raksha Bandhan August 16 Sravana 25 Saturday
22 Parsi New Year 19-Aug Sravana 28 Tuesday
23 Janmashtami (Smarta & Vaishnava) August 24 Bhadra 02 Sunday
24 Ganesh Chaturthi/Vinayak Chaturthi September 03 Bhadra 12 Wednesday
25 Onam September 12 Bhadra 21 Friday
26 Jamat-Ul-Vida September 26 Asvina 04 Friday
27 Dussehra (Maha Saptami) (Additional) October 06 Asvina 14 Monday
28 Dussehra (Maha Ashtami) (Additional) October 07 Asvina 15 Tuesday
29 Maharishi Valmiki's Birthday October 14 Asvina 22 Tuesday
30 Narak Chaturdasi October 27 Kartika 05 Monday
31 Govardhan Puja October 29 Kartika 07 Wednesday
32 Bhai Duj October 30 Kartika 08 Thursday
33 Guru Teg Bahadur's Martyrdrom Day November 24 Agrahayana 03 Monday
34 Christmas Eve December 24 Pausa 03 Wednesday
1 Republic Day January 26 Magha 06 Saturday
2 Maha Shivratri March 06 Phalguna 16 Thursday
3 Holi March 22 Chaitra 02 Saturday
4 Ram Navami (Vaisnava) April 14 Chaitra 25 Monday
5 Independence Day August 15 Sravana 24 Friday
6 Mahatma Gandhi's Birthday/Idul Fitr October 02 Asvina 10 Thursday
7 Dussehra (Maha Navami) October 08 Asvina 16 Wednesday
8 Dussehra (Vijaya Dashami) October 09 Asvina 17 Thursday
9 Deepavali (South India) October 27 Kartika 05 Monday
10 Diwali (Deepavali) October 28 Kartika 06 Tuesday
11 Guru Nanak's Birthday November 13 Kartika 22 Thursday
12 Idu'l Zuha (Bakrid) December 09 Agrahayana 18 Tuesday
13 Christmas Day December 25 Pausa 04 Thursday
From India, New Delhi
Dear Deepali,
Foremost I would like to mention that Leave is not a matter of right of any employee.
No Labour law enforce Holidays on any industry other than National Holidays. (As per Industrial practice in neighbour area, Employer normally observe 10 or 12 days as holiday which include national holiday too.)
Any holiday being observed under The Negotiable Instrument Act, is not applicable on private sector.
As far as levae is concerned,
In my view your organisation will be covered under;
The Factory Act -1948 (At Site),
and
Under Shop & Establishment Act (At Office)
You have to give all three type of leaves 1. Earned Leave (15 annually for office employee and for site people one on every 20 days working) or your management may fix it atleast 15 for both office & Site Staff.
Casual Leave - It is again a matter of Industrial Practice No section of Factory Act speak about casual or sick leaves.
As a practice at least 7 casual leave and 7 sick leave are permitted in every industry in India.
Under shop establshment act. casual and sick leave are permitted and provided as per state rules.
Thanks
Mohd. Arif Khan
Foremost I would like to mention that Leave is not a matter of right of any employee.
No Labour law enforce Holidays on any industry other than National Holidays. (As per Industrial practice in neighbour area, Employer normally observe 10 or 12 days as holiday which include national holiday too.)
Any holiday being observed under The Negotiable Instrument Act, is not applicable on private sector.
As far as levae is concerned,
In my view your organisation will be covered under;
The Factory Act -1948 (At Site),
and
Under Shop & Establishment Act (At Office)
You have to give all three type of leaves 1. Earned Leave (15 annually for office employee and for site people one on every 20 days working) or your management may fix it atleast 15 for both office & Site Staff.
Casual Leave - It is again a matter of Industrial Practice No section of Factory Act speak about casual or sick leaves.
As a practice at least 7 casual leave and 7 sick leave are permitted in every industry in India.
Under shop establshment act. casual and sick leave are permitted and provided as per state rules.
Thanks
Mohd. Arif Khan
Thank you everybody for giving me an early reply.
I have checked again the shop & establishment act however there is no clear cut notification that a company has to give the National holidays 14 to 16 days over and above the 21 days Paid leaves. My management is still saying that we will announce 25 days total leave (inclusive of 4 mandatory national holidays) and no other holidays will be granted. If the leave is balance then the staff will be allowed to take leave on particular festivals or else it will be considered Leave without Pay. Please give me the exact reference of the section as per the Shop and Establishment Act that i can show to my management as a proof of evidence.
Regards,
Deepali
From China
I have checked again the shop & establishment act however there is no clear cut notification that a company has to give the National holidays 14 to 16 days over and above the 21 days Paid leaves. My management is still saying that we will announce 25 days total leave (inclusive of 4 mandatory national holidays) and no other holidays will be granted. If the leave is balance then the staff will be allowed to take leave on particular festivals or else it will be considered Leave without Pay. Please give me the exact reference of the section as per the Shop and Establishment Act that i can show to my management as a proof of evidence.
Regards,
Deepali
From China
Hi Deepali,
Holidays are that leaves which are compulsary as per the Punjab Industrial Establishment National & Festival Holiday Act.
Section 3 of this Act is reproduced as under.
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
26 January,
15 August
and 2 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.
It makes 7 / 8 days of National & Festival Holidays for the employees.
The provison for Casual / Sick Leave under this Act which Section 4 Says
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.
Earned Leaves
Section 79 provides the Provison of Earned leaves is under Factories Act,
79. ANNUAL LEAVE WITH WAGES. - (1) Every worker who has worked for a period of 240 days or more in a factory during a calendar year shall be allowed during the subsequent calendar year, leave with wages for a number of days calculated at the rate of - (i) if an adult, one day for every twenty days of work performed by him during the previous calendar year;
(ii) if a child, one day for every fifteen days of work formed by him during the previous calendar year.
Explanation 1 : For the purpose of this sub-section - (a) any days of lay off, by agreement or contract or as permissible under the standing orders;
(b) in the case of a female worker, maternity leave for any number of days not exceeding twelve weeks; and
(c) the leave earned in the year prior to that in which the leave is enjoyed; shall be deemed to be days on which the worker has worked in a factory for the purpose of computation of the period of 240 days or more, but he shall not earn leave for these days.
Explanation 2 : The leave admissible under this sub-section shall be exclusive of all holidays whether occurring during or at either end of the period of leave.
(2) A worker whose service commences otherwise than on the first day of January shall be entitled to leave with wages at the rate laid down in clause (i) or, as the case may be, clause (ii) of sub-section (1) if he has worked for two-thirds of the total number of days in the remainder of the calender year.
(3) If a worker is discharged or dismissed from service or quits his employment or is superannuated or dies while in service, during the course of the calendar year, he or his heir or nominee, as the case may be, shall be entitled to wages in lieu of the quantum of leave to which he was entitled immediately before his discharge, dismissal, quitting of employment, superannuation or death calculated at the rates specified in sub-section (1), even if he had not worked for the entire period specified in sub-section (1) or sub-section (2) making him eligible to avail of such leave, and such payment shall be made - (i) where the worker is discharged or dismissed or quits employment, before the expiry of the second working day from the date of such discharge, dismissal or quitting, and
(ii) where the worker is superannuated or dies while in service, before the expiry of two months from the date of such superannuation or death.
(4) In calculating leave under this section, fraction of leave of half a day or more shall be treated as one full day's leave, and fraction of less than half a day shall be omitted.
(5) If a worker does not in any one calendar year take the whole of the leave allowed to him under sub-section (1) or sub-section (2), as the case may be, any leave not taken by him shall be added to the leave to be allowed to him in the succeeding calendar year :
Provided that the total number of days of leave that may be carried forward to a succeeding year shall not exceed thirty in the case of an adult or forty in the case of a child :
Provided further that a worker, who has applied for leave with wages but has not been given such leave in accordance with any scheme laid down in sub-sections (8) and (9) or in contravention of sub-section (10) shall be entitled to carry forward the leave refused without any limit.
(6) A worker may at any time apply in writing to the manager of a factory not less than fifteen days before the date on which he wishes his leave to begin, to take all the leave or any portion thereof allowable to him during the calendar year :
Provided that the application shall be made not less than thirty days before the date on which the worker wishes his leave to begin, if he is employed in a public utility service as defined in clause (n) of section 2 of the Industrial Disputes Act, 1947 (14 of 1947) :
Provided further that the number of times in which leave may be taken during any year shall not exceed three.
(7) If a worker wants to avail himself of the leave with wages due to him to cover a period of illness, he shall be granted such leave even if the application for leave is not made within the time specified in sub-section (6); and in such a case wages as admissible under section 81 shall be paid not later than fifteen days, or in the case of a public utility service not later than thirty days from the date of the application for leave.
(8) For the purpose of ensuring the continuity of work, the occupier or manager of the factory, in agreement with the Works Committee of the factory constituted under section 3 of the Industrial Disputes Act, 1947 (14 of 1947), or a similar Committee constituted under any other Act or if there is no such Works Committee or a similar Committee in the factory, in agreement with the representatives of the workers therein chosen in the prescribed manner, may lodge with the Chief Inspector a scheme in writing whereby the grant of leave allowable under this section may be regulated.
(9) A scheme lodged under sub-section (8) shall be displayed at some conspicuous and convenient places in the factory and shall be in force for a period of twelve months from the date on which it comes into force, and may thereafter be renewed with or without modification for a further period of twelve months at a time, by the manager in agreement with the Works Committee or a similar Committee, or as the case may be, in agreement with the representatives of the workers as specified in sub-section (8), and a notice of renewal shall be sent to the Chief Inspector before it is renewed.
(10) An application for leave which does not contravene the provisions of sub-section (6) shall not be refused, unless refusal is in accordance with the scheme for the time being in operation under sub-sections (8) and (9).
(11) If the employment of a worker who is entitled to leave under sub-section (1) or sub-section (2), as the case may be, is terminated by the occupier before he has taken the entire leave to which he is entitled, or if having applied for and having not been granted such leave, the worker quits his employment before he has taken the leave, the occupier of the factory shall pay him the amount payable under section 80 in respect of the leave not taken, and such payment shall be made, where the employment of the worker is terminated by the occupier, before the expiry of the second working day after such termination, and where a worker who quits his employment, on or before the next pay day.
(12) The unavailed leave of a worker shall not be taken into consideration in computing the period of any notice required to be given before discharge or dismissal.
To summarise
National Holiday & Festival Act provides minimum 7 holidays under the Act, aprt from Casul, Sick & Earned leaves for the employees.
From India, Delhi
Holidays are that leaves which are compulsary as per the Punjab Industrial Establishment National & Festival Holiday Act.
Section 3 of this Act is reproduced as under.
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
26 January,
15 August
and 2 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.
It makes 7 / 8 days of National & Festival Holidays for the employees.
The provison for Casual / Sick Leave under this Act which Section 4 Says
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.
Earned Leaves
Section 79 provides the Provison of Earned leaves is under Factories Act,
79. ANNUAL LEAVE WITH WAGES. - (1) Every worker who has worked for a period of 240 days or more in a factory during a calendar year shall be allowed during the subsequent calendar year, leave with wages for a number of days calculated at the rate of - (i) if an adult, one day for every twenty days of work performed by him during the previous calendar year;
(ii) if a child, one day for every fifteen days of work formed by him during the previous calendar year.
Explanation 1 : For the purpose of this sub-section - (a) any days of lay off, by agreement or contract or as permissible under the standing orders;
(b) in the case of a female worker, maternity leave for any number of days not exceeding twelve weeks; and
(c) the leave earned in the year prior to that in which the leave is enjoyed; shall be deemed to be days on which the worker has worked in a factory for the purpose of computation of the period of 240 days or more, but he shall not earn leave for these days.
Explanation 2 : The leave admissible under this sub-section shall be exclusive of all holidays whether occurring during or at either end of the period of leave.
(2) A worker whose service commences otherwise than on the first day of January shall be entitled to leave with wages at the rate laid down in clause (i) or, as the case may be, clause (ii) of sub-section (1) if he has worked for two-thirds of the total number of days in the remainder of the calender year.
(3) If a worker is discharged or dismissed from service or quits his employment or is superannuated or dies while in service, during the course of the calendar year, he or his heir or nominee, as the case may be, shall be entitled to wages in lieu of the quantum of leave to which he was entitled immediately before his discharge, dismissal, quitting of employment, superannuation or death calculated at the rates specified in sub-section (1), even if he had not worked for the entire period specified in sub-section (1) or sub-section (2) making him eligible to avail of such leave, and such payment shall be made - (i) where the worker is discharged or dismissed or quits employment, before the expiry of the second working day from the date of such discharge, dismissal or quitting, and
(ii) where the worker is superannuated or dies while in service, before the expiry of two months from the date of such superannuation or death.
(4) In calculating leave under this section, fraction of leave of half a day or more shall be treated as one full day's leave, and fraction of less than half a day shall be omitted.
(5) If a worker does not in any one calendar year take the whole of the leave allowed to him under sub-section (1) or sub-section (2), as the case may be, any leave not taken by him shall be added to the leave to be allowed to him in the succeeding calendar year :
Provided that the total number of days of leave that may be carried forward to a succeeding year shall not exceed thirty in the case of an adult or forty in the case of a child :
Provided further that a worker, who has applied for leave with wages but has not been given such leave in accordance with any scheme laid down in sub-sections (8) and (9) or in contravention of sub-section (10) shall be entitled to carry forward the leave refused without any limit.
(6) A worker may at any time apply in writing to the manager of a factory not less than fifteen days before the date on which he wishes his leave to begin, to take all the leave or any portion thereof allowable to him during the calendar year :
Provided that the application shall be made not less than thirty days before the date on which the worker wishes his leave to begin, if he is employed in a public utility service as defined in clause (n) of section 2 of the Industrial Disputes Act, 1947 (14 of 1947) :
Provided further that the number of times in which leave may be taken during any year shall not exceed three.
(7) If a worker wants to avail himself of the leave with wages due to him to cover a period of illness, he shall be granted such leave even if the application for leave is not made within the time specified in sub-section (6); and in such a case wages as admissible under section 81 shall be paid not later than fifteen days, or in the case of a public utility service not later than thirty days from the date of the application for leave.
(8) For the purpose of ensuring the continuity of work, the occupier or manager of the factory, in agreement with the Works Committee of the factory constituted under section 3 of the Industrial Disputes Act, 1947 (14 of 1947), or a similar Committee constituted under any other Act or if there is no such Works Committee or a similar Committee in the factory, in agreement with the representatives of the workers therein chosen in the prescribed manner, may lodge with the Chief Inspector a scheme in writing whereby the grant of leave allowable under this section may be regulated.
(9) A scheme lodged under sub-section (8) shall be displayed at some conspicuous and convenient places in the factory and shall be in force for a period of twelve months from the date on which it comes into force, and may thereafter be renewed with or without modification for a further period of twelve months at a time, by the manager in agreement with the Works Committee or a similar Committee, or as the case may be, in agreement with the representatives of the workers as specified in sub-section (8), and a notice of renewal shall be sent to the Chief Inspector before it is renewed.
(10) An application for leave which does not contravene the provisions of sub-section (6) shall not be refused, unless refusal is in accordance with the scheme for the time being in operation under sub-sections (8) and (9).
(11) If the employment of a worker who is entitled to leave under sub-section (1) or sub-section (2), as the case may be, is terminated by the occupier before he has taken the entire leave to which he is entitled, or if having applied for and having not been granted such leave, the worker quits his employment before he has taken the leave, the occupier of the factory shall pay him the amount payable under section 80 in respect of the leave not taken, and such payment shall be made, where the employment of the worker is terminated by the occupier, before the expiry of the second working day after such termination, and where a worker who quits his employment, on or before the next pay day.
(12) The unavailed leave of a worker shall not be taken into consideration in computing the period of any notice required to be given before discharge or dismissal.
To summarise
National Holiday & Festival Act provides minimum 7 holidays under the Act, aprt from Casul, Sick & Earned leaves for the employees.
From India, Delhi
Holidays are fixed whereas leaves represent days which can be availed by the employee according to his need.
Aravind Sigh has rightly explained the matter in detail. At the same time I cannot agree with Prasadmbahr who has taken leave as a right of employee. In fact, no leave is a right of any employee.
Fixing up of holidays and deciding the number of leaves for which employees are eligible should be done with care in consultation with employees, if possible. It should be reflected in the Standing Orders of the company also. It is always preferable to separate holidays from leaves because, if any emergency occurs, one cannot postpone it to a holiday. In such occasions he can take leave. But remember that simply having so many credits of leave doesnot mean that he has right to take it but he can take leave subject to requirements of the organisation.
Regards,
Madhu.T.K
From India, Kannur
Aravind Sigh has rightly explained the matter in detail. At the same time I cannot agree with Prasadmbahr who has taken leave as a right of employee. In fact, no leave is a right of any employee.
Fixing up of holidays and deciding the number of leaves for which employees are eligible should be done with care in consultation with employees, if possible. It should be reflected in the Standing Orders of the company also. It is always preferable to separate holidays from leaves because, if any emergency occurs, one cannot postpone it to a holiday. In such occasions he can take leave. But remember that simply having so many credits of leave doesnot mean that he has right to take it but he can take leave subject to requirements of the organisation.
Regards,
Madhu.T.K
From India, Kannur
Dear Deepti,
Though leaves are not rights of employee/worker.Toatal 21 leaves in an calender year has to be implement in ur company apart from national holidays and major festivals like divali,vijayadashmi,eid.from this 10 SL (Sick leave), 10 casual leave and.and aht one year employment complition Previlage leave to be fassilated to employee.
In an calender year following leaves has to be allowed
New year day :01-Jan
Republic day:26-Jan
Gudhi padwa:06 Apr
Maharashtar day(State daay) :01 may
Indipendanc eday:15 aug
diwali
Vijayadashmi
and some major festivals stae wise.
regards
brijesh
From India, Pune
Though leaves are not rights of employee/worker.Toatal 21 leaves in an calender year has to be implement in ur company apart from national holidays and major festivals like divali,vijayadashmi,eid.from this 10 SL (Sick leave), 10 casual leave and.and aht one year employment complition Previlage leave to be fassilated to employee.
In an calender year following leaves has to be allowed
New year day :01-Jan
Republic day:26-Jan
Gudhi padwa:06 Apr
Maharashtar day(State daay) :01 may
Indipendanc eday:15 aug
diwali
Vijayadashmi
and some major festivals stae wise.
regards
brijesh
From India, Pune
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List of Holidays Karnatka.pdf