Are Indian MNCs Ignoring National Holidays? Seeking Legal Advice on Compliance Issues

I work in an MNC. Though it's an Indian company, I notice that every year, they do not follow the Indian government-declared holidays, including gazetted holidays. In many cases, employees are working on 15th August and 26th January as well. Moreover, these employees are not paid three times or even twice the wage.

Legal Actions Against Non-Compliance with Holiday Regulations

I wanted to know what laws and enforcement actions can be taken against this company.

Kindly share with the group the following information so that you can receive help from the group members:

1. Is the establishment covered under the Shops and Establishment Act or under the Factories Act?
2. Which state is the establishment operating from?
3. Is there a list of holidays declared by the company?

Regards,
Preetam Deshpande

Dear himan_mrt, This is in addition to the questions that Preetam has asked. Please confirm the type of industry and what your finished product or service is. The Government of Karnataka has exempted the IT and BPO sectors from the Industrial Standing Orders Act, 1946. Does your sector also enjoy a similar exemption by the government of the state in which your company falls?

Thanks,

Dinesh V Divekar

I am surprised to learn that the company is not following the requirement of granting two out of three compulsory leaves, namely 15th August, 26th January, and 3rd October. They are supposed to provide these leaves, and I believe 14 other leaves according to the applicable laws and regulations in their area. Any additional leaves required will be suggested by our respected seniors.

Many of the MNCs that work in BPO, KPO, and call center areas do not follow Indian holidays as it is necessary for them to work according to their clients' requirements. However, most of them pay overtime for all national holidays. Additionally, they may provide leave on certain other days that you do not typically have off as an Indian (e.g., July 4th).

Action Plan and Considerations

What action do you plan to take against them? Please note that if you file a complaint, you are likely to lose your job. Your company is unlikely to retain you once they discover that you have lodged a complaint against them.

Kindly help, I need the leave policy for employees. It's based in Delhi. I don't know under which act their company is registered, whether it's the Delhi Shop Act or the Delhi Factory Act. Please help me as I need this information urgently.

Regards.