Is It Legal for Hospitals in Bangalore to Deny Employees National Holidays? Seeking Advice

Dear All,

I work for a healthcare provider in Bangalore. The company does not provide holidays for three national holidays (Independence Day, Republic Day, Gandhi Jayanti), citing that hospitals are exempted from the Shops and Establishment Act.

My question is, is it legal to deny a national holiday to any employee? I need advice.

Hi, Nowhere in the Act is it mentioned that hospitals are exempted from the Shops and Establishments Act. However, as hospitals come under the essential service category, they are allowed to function on National/Festival holidays. There is no need to close the hospital on those days. For employees working on those NH/FH holidays, compensatory leave should be given by the hospital management, which means they should be allowed to take leave on some other working day.

In India, the observance of national holidays is typically governed by various labor laws and regulations, such as the Shops and Establishments Act and the Factories Act. While hospitals and healthcare providers might be exempted from certain provisions of these acts due to the nature of their operations, the denial of national holidays to employees could still be subject to interpretation and compliance with other laws.

Please refer to https://taxguru.in/corporate-law/lea...ays-india.html for more information.

The denial of national holidays for employees in the healthcare sector could raise questions related to fair labor practices, employee rights, and adherence to local norms. It's important to note that even though hospitals may be exempt from certain provisions, this doesn't necessarily mean that they can completely disregard the rights of their employees.

Additionally, you could also refer to official government sources or consult the labor department to get clarity on the specific rules and regulations regarding national holidays and their applicability to healthcare providers.