National Holidays in Private Coaching Institutes: Are We Required to Give Days Off?

Hello, We are a private coaching institute in Pune. Is it mandatory for us to give national holidays such as Republic Day, Independence Day, Gandhi Jayanti, and Maharashtra Day to our employees?

Hi Priti,

I believe you are from Maharashtra. If your institution has 10 or more employees, then you will come under the Shops & Commercial Establishment Act and need to follow the leaves as per the Maharashtra Shops Act.

National Holidays Requirement

It is very clear that establishments shall have to provide 4 National Holidays such as Republic Day, Independence Day, May 1st, and Gandhi Jayanti. Apart from those 4, you need to provide 4 festival holidays.

Hi Priti, It is mandatory for any private organization to provide national holidays. However, the allocation of other festival holidays will be at the management's prerogative. This applies not only in Maharashtra but to the entire country. Hope I have clarified your point.

Regards

Please follow the Shops & Commercial Establishment Act, Maharashtra. National holidays such as Republic Day, Independence Day, and Gandhi Jayanti are generally encouraged in India as a mark of respect for the nation's historical events and leaders. However, whether private organizations are legally obligated to provide these holidays to their employees can vary depending on local laws, state regulations, and company policies.

Maharashtra Day

For Maharashtra Day, celebrated on May 1st, it is often considered a mandatory holiday in Maharashtra due to its significance in the state. Maharashtra Day is celebrated on May 1st every year to commemorate the creation of the state of Maharashtra after the Bombay Reorganization Act of 1960 was enacted. The law came into effect on May 1st, 1960, and thus this day is significant in the history of the state.

Holidays Acts and Their Applicability

The Holidays Acts (Industrial Establishments National and Festival Holidays Act, etc.) are state enactments. As such, they may vary according to different states. In some states, holidays are declared as per their Shops and Commercial Establishments Act. The applicability of the section or chapter pertaining to holidays will, however, be restricted to establishments employing a certain number of employees. As suggested by Jeevaratnam, it can be 10 employees. In some states, it will apply to factories and mines without reference to the number of employees but will apply to shops and commercial establishments if the establishment has the required number of employees.

If it is applicable to an establishment, both the national holidays and festival holidays will be applicable to it. I differ from the observation of Dr. Raghunath that festival holidays are a management prerogative. No, if the Holidays Act or provision relating to the holidays is applicable to an establishment, both national holidays and festival holidays should be given to the employees. The only thing is that since national holidays are listed by holidays, like 26th January (Republic Day), 1st May (International Labour Day or May Day, or as Dipti said Maharashtra State Formation Day), 15th August (Independence Day), and 2nd October (Gandhi Jayanti), any of these days coming on a weekly off day need not be compensated by another holiday.

Festival Holidays

The festival holidays (it depends on the state law) are declared by the employer after consulting with the employees every year. Obviously, no festival holiday coming on a weekly off would be taken for that year.

The thread was about holidays for a tuition centre in Maharashtra. I think Jeevaratnam has given the answer for that.

Hello Priti, if your institute is not registered under any act, legally, no one can force you to do so. Being an Indian, your coaching institute should observe the National Holidays (Republic Day, Independence Day, Gandhi Jayanti, and Maharashtra Day) in your institution among your employees and students for an hour and then disperse.

Yes, providing national holidays like Republic Day, Independence Day, Gandhi Jayanti, and Maharashtra Day to employees is generally mandatory in India.