How Many Minimum Holidays Should We Offer Employees? Seeking Statutory Guidance and Resources

Can anyone from you please tell me about how many minimum holidays we need to offer to our employees in a calendar year apart from the earned leaves. Some say 7, some say 9, or some say 12. Please let me know which statutory norm decides this and it would be great if anyone can send me any government document that states the same rule or maybe any link you may advise. Presently we are following a minimum 7 criteria, but I want to be sure on this!!

Statutory Provisions for Leave

The provision of leave is contained in the following statutory provisions.

1. Section 79 of the Factories Act, 1948, mentions it as Annual Leave @ 1:20 workdays.

2. If the Factories Act does not apply, then the Shop & Establishment Act of the respective states makes provisions for annual leave.

3. Standing Orders apply if you have certified Standing Orders; otherwise, Model Standing Order provisions would apply if you have more than 100 workmen employed. Model S.O. provisions also vary from state to state.

Please check your position and follow it fully.

Sir, thank you for the reply. My query was regarding holidays such as Diwali, Republic Day, Gandhi Jayanti, etc. I would like to inquire about the minimum number of holidays we need to offer to our employees.

For this, you need to check whether your state has a National & Festival Holidays Act; if so, follow it. In any case, the National Holidays like Republic Day, Independence Day, Gandhi Jayanti (Certain states have 1st May, Ambedkar Jayanti) have to be necessarily holidays. Regarding festival holidays, you may also contact the local Labor Office.

National and Festival Holidays Act Overview

Wherever the National Festival and Special Holidays Act is applicable, the state has to declare National and Festival Holidays. National holidays typically include Republic Day, Independence Day, May Day, and Gandhi Jayanthi. However, certain states do not consider May Day as a National Holiday.

Festival Holidays

Festival holidays usually amount to 5 days in a year. Employers, at their discretion and in consultation with their workers, can declare Festival Holidays.

Special Holidays

Special Holidays are an absolute right of the State Government to declare under special circumstances or in emergencies within a state or a specific part of it. It is important to note that the state government can also declare partial holidays for specific districts or regions.

Thank you.