akpersonal4@gmail.com
Hi, I am working in one US based company but it is india pvt ltd. We are working in India branch but we are not getting leave on 15th aug or 26 jan. With no compensation. They give leave us on US independence day instead of India is it allowed?
From India, undefined
mail8013
37

The leave rule (for national holidays) is with regard to the place of the business, irrespective of whether it's a factory or a office for non-government organizations. These are covered under different STATE ACTS or by notifications issued by State Governments.
Kindly refer the Bombay Shops & Estb. Act, 1948, Chapter VII, sec-35 clause 4.
Cheers, A.B

From India, Mumbai
chota
2

Yes , as per the US policy you need to follow the rules, if the company is not showing the accountablity of the accounts as per Indian Labour laws i.,e.,(PF & ESI )
From India, Hyderabad
sp rathi
5

it can never possible and if you are facing such a problem then please go to labor office and just inform them whenever its open in any national holiday they will make a file and claim against it. It can be shutdown the company also.becuase its very strickly to open any factory, company etc.
Thanks & Regards
Sandeep Rathi
sprathi8742@gmail.com

From India, Delhi
abdul_hrelite
Further to the above comment, if an employee works on a public holiday or weekly off, the company has to either pay his/her wages in double or provide a compensatory off. It also helps if a comprehensive Leave & Attendance Policy is prepared and informed to all employees. Hope this helps.
Best Regards / Abdul Razak N.

From India, Bangalore
consultme
192

If you are working in a private limited company in India, as far as holidays are concerned, concerned state rules are critical.
Being a subsidiary of a US company or if you work in a BPO, where typically employees work as per Customer Time Zones, holidays etc., still some of the Indian public holidays like Independence Day, Gandhi Jayanthi, Republic Day etc. are undeniable holidays of employees. However for business continuity if employee has to work on such holidays, employer has to compensate employee as per prevailing rules

From India, Bangalore
Shrikant_pra
264

Request to all,
Please mention the state you are working & type of org - factory or establishment as laws at times differ from state to state .
You need to brief your principals the 'compulsory holidays' as mentioned in Mumbai shops act. They will definitely change this.

From India, Mumbai
akpersonal4@gmail.com
Thanks for reply, but you know what we are more than 1000 people worked on all national holiday, without any compansation. no one raised voice yet. is it really any one take action or jst i will be sacked out because of compalint? :)
From India, undefined
umakanthan53
6018

Whatever be the home-country of the institution which has its branch or subsidiary unit in India, all the Indian Labor Laws would be applicable as long as it is an industrial establishment. Particularly, leave provisions are designed in response to local/regional customs obtaining in the geographical area. Better bring it to the notice of the enforcement authority concerned directly or indirectly.
From India, Salem
dhyan.chauhan
2

it is illegal to do so as per national holidays act. write an anonymous letter to labour department. they will raid premises during holiday and heavily challan the employer. address of labor department under jurisdiction is available on web.

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