Navigating Leave Policies and Labor Laws for a New Resort in Uttarakhand: Need Your Insights

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 has 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 from different parts of Uttarakhand, they want to accumulate their weekly off. So, how many weekly offs 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 do we need to give them the Compensatory Off (as per law)?
4. Please also let me know about the minimum wages applicable in the Hotel Industry in Uttarakhand and under what act Hotel Industry falls. Is it the Shop Act or Factory Act?

Thanking you in anticipation.

Ranjit (ranjitmandal@gmail.com) 9012300066

Understanding the Applicability of the Shops Act to Hotels

Hotels fall under the Shops Act. Therefore, you need to refer to the Uttarakhand Shops and Commercial Establishments Act to clarify your doubts. The Shops Act, being a state-specific Act, varies from state to state. Thus, only individuals well-versed in your state's Shops and Commercial Establishments Act can guide you properly.

The provisions related to weekly offs, intervals of rest, spread over (working hours including intervals for rest), holidays, leaves, etc., apply to service industries. However, exceptions are available as per separate notifications. For example, when a commercial establishment is required to close for one day a week, a hotel may be given an exception provided alternative arrangements for giving a weekly off are made for 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.

I don't believe there would be any change in the number of leaves admissible. In most states, it is 12 days of casual leave, 12 days of sick leave, and 12 days of earned leave (after 12 months of working), which could be common to all establishments, including hotels.

National and Festival Holidays

Regarding national and festival holidays, again, a state Act governs this. Most states in India have separate Industrial Establishments (National and Festival Holidays) Act to regulate holidays in private establishments. For example, the Kerala Act provides for 4 national holidays and nine festival holidays, while in Karnataka, it is 5 national holidays and 5 festival holidays, and in Tamil Nadu, it is 4 and 5 respectively. Similarly, your state would have enacted a similar Act, and according to that Act, you have to grant holidays.

Calling employees to work on a holiday is also regulated by the aforementioned Act. Provisions such as payment of double the rate of wages for working on a holiday and granting a compensatory off in lieu of the lost holiday should be in place.

Working Hours and Rest Periods

Legally, there is no provision for permitting workers to work continuously without giving them rest for at least 24 hours once in 10 days. I reiterate that there is no provision for accumulating weekly offs as per the law. However, in practice, there will be many adjustments to ensure the workers are also happy.

Regards,
Madhu.T.K