Navigating State-wise Public Holiday Rules: How Do They Apply to Shops and Establishments?

Hello HR folks,

Could someone advise on the list of applicable public holidays or the minimum number to be maintained state-wise? I have referred to the Shops & Establishment Act; some states do mention a mandatory list along with the specified number of holidays to be given in the name of festivals. However, in some cases, there is no mention of it (list to be maintained).

Can holidays stated in the state's industrial establishment apply to the shops and establishment rules of the same state? If not, what is my next reference? Kindly advise.

In India, public holidays and the minimum number of holidays to be provided to employees are governed by both state-specific Shops and Establishment Acts and Industrial Establishment laws. Here is a practical guide to understanding and managing public holidays state-wise as per Shops & Establishment Rules in India:

Understanding Public Holidays and Minimum Leave Requirements State-wise

- State-wise Variation: Each state in India has its own Shops and Establishment Act that specifies the public holidays and minimum leave entitlements for employees working in shops, commercial establishments, and other such establishments.

- Mandatory Public Holidays: Some states do provide a list of mandatory public holidays that must be observed by employers. These holidays usually include national holidays such as Independence Day, Republic Day, and state-specific holidays.

- Minimum Leave Entitlement: The Acts also mention the minimum number of days off or holidays that employees are entitled to in a year. This can vary from state to state.

- Industrial Establishment vs. Shops and Establishment Rules: While there may be similarities in the holidays mentioned in the Industrial Establishment laws and Shops and Establishment Acts of a state, it is essential to adhere to the specific regulations outlined for shops and establishments.

Next Steps for Compliance

1. Refer to State-specific Laws: If the Shops and Establishment Act of your state does not provide a specific list of public holidays, refer to the general public holidays observed in the state.

2. Consult Legal Experts: If there is ambiguity or lack of clarity regarding public holidays and leave entitlements, it is advisable to seek guidance from legal experts well-versed in labor laws and HR compliance.

3. Customize Policies: Ensure that your company's HR policies align with the requirements of the Shops and Establishment Act of the state where your business operates. Clearly communicate the public holidays and leave entitlements to employees.

4. Regular Updates: Stay informed about any amendments or changes in the labor laws of your state that may impact public holidays and leave provisions for employees.

By understanding the state-specific regulations, adhering to the prescribed public holidays, and ensuring compliance with the Shops and Establishment Act, employers can effectively manage public holidays and leave entitlements for their employees.