Dear Friends,
I am new to Cite Hr and posting my question for the first time. I am working in a 4 star Resort in Uttarakhand as a Resort manager and this resort is recently opened in this state. My questions are as follows:
1. How many NH, CL,SL,EL (minimum as per law) needs to be given to the employee
2. As most of the staff are different parts of Uttarakhand, they wanted to accumulate their weekly off. So, how many weekly off can be accumulated.
3.As this is a service industry and at times we need to call staff on their weekly off and on NH so within what period we need to give him the Compensatory Off (as per law)
4. Please also let me know about the minimum wages applicable in Hotel Industry in Uttarakhand and under what act Hotel Industry falled is it Shop Act or Factory act.
Thanking you in anticipation.
Ranjit (ranjitmandal@gmail.com)
9012300066

From India, Dehra Dun
Hi Ranjit, Thanks for the post even I also have doubts regarding the same and want to know how are you managing with the same? Regards, Priya 88 888 753 27
From India, Ghaziabad
Basically hotelss come under the Shops Act and therefore, you have to refer the Uttarakhand Shops and Commercial Establishments Act for clearing your doubts. The Shops Act being a state Act will be different in each state and therefore, only persons who are well versed in your state's shops and commercial establishments act can only guide you properly. The provisions relating to weekly off, intervals of rest, spread over (working hours including intervals for rests), holidays, leaves etc are applicable to service industries. However, there are exceptions available as per separate notifications, like, when a commercial establishment is required to be closed for one day in a week, a hotel may be given exception provided alternative arrangement for giving weekly off is given to the workmen employed, when the spread over including intervals of rest in other establishments is 10 hours and 30 minutes, it may be 11 or even 12 hours for hotels. But I don't feel that there would be any change in the number of leaves admissible. In most of the states, it is 12 days Casual leave, 12 days sick leaves and 12 days earned leave (after 12 months of working) and this could be common to all establishments including hotels. Regarding national and festival holidays, again a state Act, most of the states in India have separate Industrial Establishments (National and Festival Holidays) Act which regulate the holidays to be given in private establishments. The Kerala Act has provided for 4 national holidays and nine festival holidays, whereas the same in Karnataka is 5 national holidays and 5 festival holidays and in Tamil Nadu it is 4 and 5 respectively. Similarly, your state would also have enacted similar Act and according to that Act you have to grant holidays.

Calling of employees to work on a holiday is also regulated by the above said Act. There should be provisions like payment of double the rate of wages for working on a holiday and granting of a compensatory off in lieu of holiday lost.

Legally there is no provision for permitting the workers to do work continuously without giving them rest for 24 hours at least once in 10 days. I repeat there is no scope for accumulation of weekly off as per law, but practically, there will be lots of adjustments so that the workers will also be happy.

Regards,

Madhu.T.K

From India, Kannur

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