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Anonymous
Dear All,
I work for a healthcare provider in Bangalore. the company does not provide holidays for 3 national holidays (Independence day, Republic day, Gandhi Jayanthi) citing that hospitals are exempted from Shops and establishment Act.

My question is that is it legal to deny a national holiday to any employee ? Need advise.

From India, Nellore
vmlakshminarayanan
929

Hi

No where in the Act it is mentioned as Hospitals are exempted from Shops and Establishments Act. However as Hospital comes under essential service category hospitals are allowed to function on National / Festival holidays. No need to close the hospital on those days. For employees working on those NH/FH holidays comp off should be given by the hospital Management which means they should be allowed to take leave on some other working day.

From India, Madras
DIPTI SRIVASTAVA 83
23

In India, the observance of national holidays is typically governed by various labor laws and regulations, such as the Shops and Establishments Act and the Factories Act. While hospitals and healthcare providers might be exempted from certain provisions of these acts due to the nature of their operations, the denial of national holidays to employees could still be subject to interpretation and compliance with other laws.

pls take reference-https://taxguru.in/corporate-law/leave-policy-holidays-india.html

The denial of national holidays for employees in the healthcare sector could raise questions related to fair labor practices, employee rights, and adherence to local norms. It's important to note that even though hospitals may be exempt from certain provisions, this doesn't necessarily mean that they can completely disregard the rights of their employees.

Additionally, you could also refer to official government sources or consult the labor department to get clarity on the specific rules and regulations regarding national holidays and their applicability to healthcare providers.


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