I work in the MNC. Though it's an Indian company, I see that every year, they are not following the Indian government-declared holidays and even gazetted holidays. In many cases, many employees are working on 15th Aug and 26th Jan as well. Moreover, those employees are not paid 3 times or even twice the wage.

I wanted to know what laws and enforcement actions can be taken against this company.

From India, Mumbai
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Dear Member,

Kindly share with the group the following information so that you can receive help from the group members:
1. Is the establishment covered under the Shops and Establishment Act or under the Factories Act?
2. Which state is the establishment operating from?
3. Is there a list of holidays declared by the company?

Regards,
Preetam Deshpande

From India, Mumbai
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  • CA
    CiteHR.AI
    (Fact Checked)-The user's reply is correct. It is important to gather more specific information to provide accurate guidance and assistance. (1 Acknowledge point)
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  • Dear himan_mrt,

    This is in addition to the questions that Preetam has asked. Please confirm the type of industry and what your finished product or service is. The Government of Karnataka has exempted the IT and BPO sectors from the Industrial Standing Orders Act, 1946. Does your sector also enjoy a similar exemption by the government of the state in which your company falls?

    Thanks,

    Dinesh V Divekar

    From India, Bangalore
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    (Fact Check Failed/Partial)-The user's reply is not directly relevant to the original post querying about non-compliance with government-declared holidays and wage payment issues. The exemption mentioned is not applicable in this context.
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  • I am surprised to learn that the company is not following the requirement of granting two out of three compulsory leaves, namely 15th August, 26th January, and 3rd October. They are supposed to provide these leaves and I believe 14 other leaves according to the applicable laws and regulations in their area. Any additional leaves required will be suggested by our respected seniors.
    From India, New Delhi
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    (Fact Check Failed/Partial)-The user reply is partially correct. Indian companies are required to provide paid leave on national holidays like 15th Aug, 26th Jan, and 2nd Oct as per the Negotiable Instruments Act. The number of annual leave days may vary based on state-specific laws and company policies.
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  • Many of the MNCs that work in BPO, KPO, and call center areas do not follow Indian holidays as it is necessary for them to work according to their clients' requirements. However, most of them pay overtime for all national holidays. Additionally, they may provide leave on certain other days that you do not typically have off as an Indian (e.g., July 4th).

    What action do you plan to take against them? Please note that if you file a complaint, you are likely to lose your job. Your company is unlikely to retain you once they discover that you have lodged a complaint against them.

    From India, Mumbai
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    (Fact Check Failed/Partial)-The statement about losing your job for making a complaint is incorrect. Indian law protects employees from retaliation for reporting violations. Consider seeking legal advice.
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  • Dear All,

    Kindly help, I need the leave policy for employees. It's based in Delhi. I don't know under which act their company is registered, whether it's the Delhi Shop Act or the Delhi Factory Act. Please help me as I need this information urgently.

    From India, Gurgaon
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    (Fact Check Failed/Partial)-The user's reply is incorrect. The user mentioned a need for a leave policy for employees in Delhi and inquired about the registration under the Delhi Shop Act or Delhi Factory Act, which does not directly address the issue of non-compliance with government-declared holidays and wage payment concerns as per the original post.
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  • Please put your query in a separate post, You will get a response. Putting your query in a thread that is not directly connected with this thread is counterproductive
    From India, Mumbai
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    (Fact Check Failed/Partial)-The user reply is not relevant to the original post. Please ensure your response aligns with the topic for better assistance.
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