How Do Software Companies Handle Holiday Lists? Seeking Your Insights and Practices

Hi Folks, Recently, I have released the holiday list for 2012 in my company. Mine is a software services company. The holiday list consists of 10 holidays, including the national holidays. Apart from that, 21 leaves are given to each employee.

The feedback that I am receiving is that the 10 holidays should exclude the national holidays, i.e., 10 holidays should be given, and the national holidays should be separate.

What is the Practice in Software Companies Regarding Holidays?

Please guide.

Regards, Lubna Ambreen.

Sub- Holidays

A software company is covered under the Shops and Establishments Act of the State in which it is located. The Shops Act provides for national holidays, which are to be compulsorily allowed to employees. For example, Sec.35 of the Bombay Shops and Establishments Act 1948 allows four national holidays to the employees in Maharashtra.

If the Shops Act also provides for holidays on certain festive days in addition to the national holidays, the company shall also grant those holidays to the employees. In some states, the Shops Act may not provide for any holidays on festival days, but there might be some separate Act granting additional holidays for festivals to be decided by each establishment. In that event, the establishments located in those states have to grant such additional holidays. I understand that such special Acts in the name of Festival and Holidays Acts are in force in states like Bihar and Karnataka.

If the Shops Act of your State did not provide for any holiday other than the national holidays and there is no special holidays Act in force in your state as in the State of Maharashtra, there is no obligation on your part to grant any additional holidays other than the national holidays. However, as a gesture of goodwill, you may grant additional holidays at your discretion.

Regards,
B. Saikumar
HR & Labour Law Consultant
Chipinbiz Consultancy Pvt. Ltd
Mumbai.

The general and festive holidays should exclude national holidays. Employees should be entitled to 10 holidays, separate from the national holidays.

Regards,
Sunder

Query Regarding Holidays - Please Guide

If the Shops and Establishment Act does not provide any holidays excluding National Holidays, and the company also does not give any holidays, can the company do this or not?

The law varies according to the state. Generally, a minimum of 10 holidays must be announced in a calendar year, which is mandatory. Additionally, you may have 1 or 2 optional holidays attached to it based on the convenience of your organization and the employees.

For example, the Kerala government states that companies should announce a minimum of 12 public holidays in a calendar year.

Hope this clarifies...

Thanks,

Mirza

Recently, I have released the holiday list for 2012 in my company. It is a Health Care Sector in U.P. The holiday list consists of a total of 10 holidays, including the national holidays.

The feedback that I am receiving is that the 10 holidays should exclude the national holidays, i.e., 10 holidays should be given separately, and the national holidays should be listed separately.

Please guide me as to why the national holidays are not included in our organization.

Regards,

Sub-holidays

The holidays are enumerated either under the Shops Act or under any special act like the Festivals and Holidays Act, if any is prevailing in your state. The Factories Act does not provide for any holidays. The reply given to Lubna Ambreen will clarify your doubt.

Regards,
B. Saikumar
HR & Labour Law Consultant
Chipinbiz Consultancy Pvt. Ltd.
Mumbai

In my point of view, the rule varies according to the situation. Usually, a minimum of 10 holidays should be announced in a calendar year, which is obligatory. You may have 1 or 2 elective holidays added based on the convenience of your organization and the staff.