National Holiday - If any employee applied for the leave for 10 days and in between national Holidays come

Dear friends,

We should all be aware and recognise the fact that excepting govt.sector and other organised/established firms leave policy followed by most firms are not uniform. And majority of them don't seriously follow any leave policy at all. And many of them decide at their own whims & fancies. However despite relevant provisions are made in appropriate legislations strictly no leave pattern is followed by the employers. Not only that compulsory national holidays are also not observed in many firms. Last week TN state govt. authorities registered cases against more than 20 establishments which failed to declare holiday on 15.8.13. Labour administration being a subject of State govts.it is the duty of respective state govt.authorities to over see such provisions of law.

The subject matter is frequently raised in the forum and I think what they wanted already available thro' the links. For ready ref. a compiled data is attached for the use of the needy. Ofcourse these should be updated periodically for any changes.

Referring to the first querry on this page,

If any employee is absent for next two days, i.e. on friday and saturday,

1. What will be his total number of days leave to be counted.

2. In case employee has no leave balance to his acccount, what will be his salary deduction.

The total number of days to be counted is two days, provided the person reports on Monday and present on duty on the preceeding Wednesday. In case he has no leave balance, two days LOP to be effected, if the above conditions are met.

Second querry

An organization has a policy of allowing MAXIMUM holidays of 10 days in a calendar year. Whether these 10 days are including National holidays ? If answer is yes, then only SIX DAYS are available to select for festivals and other holidays. All including holidays become 10 days. Am I right !

Maximum 10 days holidays can be consisted of National Holidays & Festival Holidays.Four National Holidays are compulsory and balance days could be Festival holidays. Coming to the staututory point of view, an act is available viz. National & Festival Holidays Act,1942. All organisations are expected to make a list of holidays and submit to the Labour Department, under this Act, before 15th of November of the preceeding year, for the proposed holidays for coming year.

Trust this clarifies your doubt.

Thanks.

P Radhakrishnan

Thank you very much Mr Radhakrishnan. There is absolutely no confusion once we read your comments, which have great clarity, and all doubts get wiped off.
One more help requested : In the last page I have put one more question, which is reproduced below :
How many days PLs are given to employee’s a/c, for a complete year, i.e. for 365 days, under Bombay Shops & Establishment Act. Is it 32 days or 21 days ? Act says after completion of 240 days work (i.e. 8 months), employee is eligible for 21 days leave. The calculation for whole year works out to 32 days. However, some companies give only 21 days PL for the whole year, and as per act no need to give any CL and SL to employees. Is it justified. Please respond, preferably with any case study or any authoritative decision of any court.
Shall be grateful if you could say something on the above.

Dear Friends,
Please appreciate the fact that matters governed by law cannot be decided by Co. Policies.
Vasant Nair

RESPECTED ALL
I work in a retail showroom as HR Assi. and here my manager say's we give our employee only 52 days leave in one year. included national and religious holidays. so how I make a leave policy for our showroom.
showroom details:
no. of employee: 10
time: 9.30am to 9.00pm 1.30 lunch break.
so guide me for making leave policy for my showroom.
I wait for positive reply.
Thank you.

Dear Mayur,
Can you confirm where is your establishment located, and is registered under which Act ? Since leave policies differ from state to state, and also it can be worked out considering the Act your organisation is registered, i.e. factories act or shops & establishement act.

DEAR SIR,
My shop is registered under shop act.
My shop is located in RAJKOT, Gujarat state

Can an organization (factory or manufacturing unit) work on October 2? October 2 being a national holiday.

Punjab Govt.notification on exempting 'continuous process' industries from National Festival Holidays.
Exemption To Industrial Establishments From Punjab Industrial Establishment (National And Festival Holidays And Casual And Sick Leave) Act, 1965
The Government of Punjab vide notification No.21/65/2019-4L/1101 has exempted industrial establishments of Punjab engaged in the continuous process industry from the provisions of the Punjab Industrial Establishment (National And Festival Holidays And Casual And Sick Leave) Act, 1965. Pl.see notification attached.
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Wish to know how many other states have done so formalising this aspect though in practice almost all follow without a formal govt.notification.

As far as Haryana Govt. is concerned we have not came across such notification exempting 'continuous process' industries from National Festival Holidays under Punjab Industrial Establishment (National And Festival Holidays And Casual And Sick Leave) Act, 1965 as applicable to the state of Haryana.
R N KHOLA