Hello All, We are a technical consultancy company with some project offices in different areas. In Location A, in a calendar year, government holidays are 14 and company holidays are 24. In Location B, in a calendar year, government holidays are 30 and company holidays are 24. In Location C, in a calendar year, government holidays are 22, all Saturdays are off and company holidays are 24. Sundays are off in all locations. How can I balance the leaves for different locations?
Thanks in advance for your help.

From India, Mumbai
Dinesh Divekar

Dear Amtanna,

It appears that you have confused between "employee leave" and "closed holiday". The former is under the provisions of the Shops and Establishment Act or Factory Act of the respective state and the latter is under the provisions of the festival and national holidays act of the respective state.

In order to streamline the number of days of leave in your company, you need to check the provisions of the shops and establishment act of each state and fulfil the conditions. You may give more days of leave than stipulated but not less.

While following the provisions of the festival and national holidays act of the respective state, for the national holidays like 26th Jan, 1st May, 15th Aug and 2nd Oct, we don't have any control. These need to be given anyway. However, the declaration of the festival holidays is within the scope of your company. Your company may check the local requirements and declare the state holidays accordingly.

Though India is a country, because of the diversity in the cultures, it is a planet in itself. Therefore, your company may not be able to bring 100% similarity in the number of days of leave or the closed holidays. Because of the execution of the work in multiple states, you need to declare the state-wise list like the national banks.


Dinesh Divekar

From India, Bangalore

Whether all the locations have different registrations or under the Head office? If the employees of all locations are under HQ then the leave rule of the establishment is applicable to them or other wise the leave would be as per the registrations of that state.

Are all the location A, B & C in one state or different state? The leave rule of HQ should be applicable in absence separate registration. You should bring parity in leave policy of all locations except the Festival Holidays. The above clarification as per my own understanding. Your posting is so confusing to give a proper suggestions.

From India, Mumbai
Nagarkar Vinayak L

Dear Colleague,

You have stated that yours is an establishment providing 'Technical Consultancy Services' having project offices in different locations. Presumably, you have project offices in different states.

Obviously, yours is not a 'Factory' and you come under the preview of the respective State Shop Acts/Rules.

By the way, Factories Act is not the State Act but Central Act and States are authorised to frame appropriate rules for its implementation.

You have apparently mixed Holidays with Leaves which are distinct entity under the Statute as clarified my colleagues.

You seem to be wanting to bring uniformity in the matters of Holidays and Leave at project offices. Currently , it is observed each office has varying quantum which is perhaps an eyesore for you.

As this matter is governed by the respective State laws, your option is to fallin line with the legal provisions or For the sake uniformity give better quantum of holidays and leaves than the law.

The choice is yours.

Vinayak Nagarkar
HR and Employee Relations Consultant


From India, Mumbai
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