No Leave On Indian Holidays - CiteHR
Saswatabanerjee
Partner - Risk Management
Gannahope
Deputy Commissioner Of Labour..a.p.
Pon1965
Construction
Kknair
Hr, Ir, Law, Disc. Matters

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Hi
Can someone please advise on following issue?
I work in an Indian Pvt. company which outsources its service for a US(United States) Company.
My question is that, the company do not grant a leave on any Indian holiday (not even 15th august, 26th January etc). Well it was told to me in my interview, but I just want to know if there is any special provision provided by the Govt. to any company for not granting leave on such holidays.
Please advise as soon as possible.
Thank You,
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Please let the forum know whether the company you are working is registered with ROC of India or not. If the company is registered then all applicable law pertaining to Indian origin will be applied. The Company outsources it services to US is not the criteria for any applicability of Law
I think the thread starter is working for a BPO based at India and servicing US clients. Indian laws apply to all companies registered in India. Pon
yes anonymous,
THOSE COMPANIES WHOSE H.Q IS IN FOREIGN COUNTRIES AND THEIR BRANCH OFFICES IN INDIA AND REGISTERED UNDER INDIAN LABOUR ACT RULES . THEN INDIAN DECLARED HOLIDAYS APPLY.ONE MORE THING UNITED NATIONS ORGANISATION {U.N.O}AND ITS WING INTERNATIONAL LABOUR ORGANISATION{ I.L.O} FRAMES SOME GUIDE LINES TO ALL ITS MEMBER NATIONS TO FOLLOW CERTAIN LABOUR WELFARE PROGRAMES. AND RULES. SO IT IS INTERNATIONAL BIND OVER TO PROVIDE LABOUR PROTECTION FROM HARRASSMENT.
SO YOU HAVE EVERY RIGHT TO ASK ABOUT INDIAN NATIONAL FESTIVAL HOLIDAYS ... LIKE INDEPENDENCE DAY AND OCTOBER 2 AND JANUARY 26 AND MAY DAY. ALL THESE 5 HOLIDAYS ARE COMPULSORY HOLIDAYS TO ALL IRRESPECTIVE OF MULTI NATION COMPANY EXISTING IN INDIA
WRITE A NOTE TO THE EMBASSY OF THAT COMPANY ABOUT THE DESCRIMINATION OF NOT PROVIDING HOLIDAYS. TO THENATIONAL FESTIVAL HOLIDAYS. OK
Sorry its four holidays ..........actually the 5 th compulsory holiday is christmas december 25.ok and write a letter to the embassy of that nation from which that company is belong. Ok sir.
The above 4 holidays have our indian constitutional protection. All other religious festival holidays we have no right ok
Dear all: The National holidays are only 15th August, 26th January and 2nd October, & they have to be necessarily observed as holidays But there is a rider, where exigencies of work demand so and subject to the provisions of the National Holidays Act applicable to your state, these holidays could be converted to be a working day. From your query, it is not possible to discern the state where you are located. Many states like UP, Kerala, Tamil Nadu, Bihar, AP, Orissa, Karnataka etc have enacted Industrial Establishment (National & Festival Holidays) Act and you have to consult the provision made therein. As a general rule, it can be stated that a person working on such holidays would get additional payment, additional holiday or both. At any rate, by putting a condition during interview that you have to work on the National of India cannot deprive you of the compensatory arrangement provided in the statute. On getting more details, the matter could be further examined on the legal remedy available. KK
yes, SIR,
AS PER MY KNOWELEDGE MAY DAY HOLIDAY IS IMPLEMENTING IN INDIA AS HOLIDAY AS PER I.L.O CHARTER
BIND
OVER TO ALL ITS MEMBER NATIONS.. ALTERNATE HOLIDAY PROVISION DOUBLE PAYMENT ON
THAT PRESCRIBED HOLIDAY IF ANY ONE WORKS..IS A WELLKNOWN FEATURE.
THE POINT IS WEATHER THAT COMPANY ACCPTED FOR DECLARING THE ABOVE DAYS AS INDIAN HOLIDAYS.
ANY HOW CLARITY IS REQUIRED. TO DECIDE ANYTHING
SIR.
There is no specific law at national level that specifies national holidays.
There are however, specifiec laws in some of the states.
You need to first say which state you work and then a proper answer can be given.
In general, nothing actually stops the company from making you work on a national holiday.
Its in only on election day that they compulsorily need ti give you a holiday.
On all other national and festival days, if you are required to work, it is counted as overtime and they have to give you double rate wages (on gross, not basic + DA) as compensation for the same.
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