Umakanthan53
Labour Law & Hr Consultant
Manojkamble
Sr. Hr Executive
Aks17
Compliance Manager
Sumitro_d
Astt Manager(hr)

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My query is that we have 12 CL in a year for all the employees and total 9 festival & national holidays in a year for all employees.Other then this leaves for Muslim staff we have two extra leaves in a year other then 12 cl & 9 festivals.
Therefore Non Muslim person is getting 12+9=21 leaves,whereas Muslim employee is getting 12+9+2=23 leaves in a year.
How can we make a strategy to adjust this 2 extra leaves in a year so than Muslim employees get equal leave as Non muslim staff.
As we cannot increase the leaves more then 9 festival leaves nor we can ask Muslim employee to work on their Festival days like other.
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Hi, You need to incorporate those 2 days as a part of 9 days which will resolve your problem.
Dear Friend,
Firstly don't club holidays and leave. Holiday should be provided as per the various statutes, where leave is depending on the company policy.
And you have not stated what is your nature of business, is it a Company,firm or Shop.
How many Muslim & Non-Muslim employees are there? May be you can decide on the same and bring in some equality for the other religious people along with Muslims.
Hi,
You can keep 12 CL for both muslim and non muslim employees. And since you have 9 holidays every year so you can add 2 more holidays in those 9 holidays. Now company has holiday calendar containing 11 holidays. Communicate to employees that out of 11 holidays, total holidays each employee can take are 9. (Keep 2 holidays as floating holidays).
Hope this would help.
Thanks!!
Thank you for your revert...as per our discussion i would like to inform that its a Publishing company and out of 75 employees currently we have 4 Muslim employees working.
I agree with the point of Communicate to employees that out of 11 holidays, total holidays each employee can take are 9. (Keep 2 holidays as floating holidays).
Looking after for few more suggestions.
Thanks!1
HR
Hi
First of all make a distinction between the festivals and national/compulsory holidays and check how many are left at your discretion to play around. You may have staff from other communities too joining the company in future. So keeping in mind all the factors have a policy of having festival which may be of importance to different faiths and have options without crossing the limit of 9 in a year. You may ask the employees to indicate the options at the beginning of the year for your planning purposes. No faith should have a precedence over others and all of them have to be treated on par. Overall the holidays list may seem lengthy but no employee should be availing more than the prescribed limit of 9, which the HR has to ensure.
If the national holidays plus the state holidays comes to 5, you may include the important festivals of the communities working at present and give them the option to pick any four from the list prepared. It may turn around that your office may not be fully closed other than national holidays with the options available, some staff will be available for work on any given day.
Thanks and Regards
"Keep 2 holidays as floating holidays" What those 4 employees roles will be when rest all people are on leave? out of 11 days, as in the case here only 9 days all employees can enjoy.
Thank you for all your precious views.I put your views regarding this issue in front of my director he was quite agreed with your suggestions.
Therefore we decided other than announcing 9 holidays in a year we can go for 11 Holidays in a year for all employees.With condition that out of 11(including 2 Eid) ,any 9 leaves will be allowed.They have a choice.
If they choose the leave days @ non working days ,then we can adjust these 2 extra Leaves with 12 CL in a year(1 per month).That is ,they will be allowed 11 holidays in a year but with 2 less CL out of 12.
As per my thought this rule will be more comfortable for Muslim religious so that they can celebrate their festival while rest would prefer to have their normal holiday leaves only.
Please suggest if any other suggestion .
Dear Publishers,
I am not sure whether your publishing company falls within Delhi jurisdiction or in Haryana State. Any way, I am given to understand that the Punjab Industrial Establishments ( National and Festival Holidays and Casual and Sick Leave ) Act,1965 is applicable to your establishment and at the outset, you would have got the 5 festival holidays approved under the provisions of the above Act by choosing them from among the festivals mentioned in the schedule in consultation with your entire labor.
Since the national and festival holidays are applicable to all the employees in the same organization at the same scale irrespective of their religion, I am not able to understand how only the muslim employees came to get 2 more festival holidays. Better you should clarify this.
That apart, the standards and scales of service conditions prescribed by any Law would be the minimum only. Therefore, there is no statutory bar to grant more benefits.
Another difficulty, as appears to my mind, is that the 7 festival holidays in every year already being enjoyed by the muslim employees of your establishment has become a customary right to them and as such it can not be modified or restricted to their disadvantage without following the provisions of section 9-A of the Industrial Disputes Act,1947.
Therefore, my suggestion would be -
(a) increasing the total no of festival holidays to 7 to all employees and getting them approved by the authority concerned
OR
(b) introducing 2 no of restricted holidays on the occasion of any two festivals of the employees' choice including the already mentioned islamic festivals to all employees, in case the two islamic festivals were added informally after the subsequent joining of the muslim employees.
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