Holiday Rules - Pdf Download

Dear Friends,

In general, the holidays are divided into National & Festival Holidays. There is an Act called the National & Festival Holidays Act. In Andhra Pradesh State, there is an Act called The Andhra Pradesh Factories & Establishments (National Festival and other holidays) Rules, 1974. Like that, each state may have separate rules. In that, the employer has to obtain permission from the concerned Labour Department in Form I, i.e., a statement showing the holidays allowed under Section 4 of the Andhra Pradesh Factories & Establishments (National, Festival, and other holidays). Each respective state has its own format.

The Concern State Labour Department has to issue the list of holidays every year. Apart from this, the concerned establishments or factories should observe their holidays. They have to obtain permission in the above said format from the concerned labour department.

Generally, the holidays are National Holidays: (1) Jan 26, the Republic Day, (2) Aug 15th, Independence Day, (3) Oct 2nd, Gandhi Jayanthi, (4) May 1st, May Day. These are mandatory. Apart from this, local Festival Holidays will also be observed according to regional festivals. So in total, most organizations are observing 13 holidays.

Regards,

PBS KUMAR

Many responses. Different views about one concept. Getting confused! Can somebody bifurcate and explain about the leaves applicable for Service Industry (IT/BPO/KPO etc...) and Manufacturing Industries.

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Many responses. Different views about one concept. Getting confused! Can somebody bifurcate and explain about the leaves applicable for Service Industry (IT/BPO/KPO etc...) and Manufacturing Industries.

Hi,

Holidays depend on the Factories Act, Shop and Establishment Act of the State, etc. So, first, clarify it, like three national holidays and five festivals. However, the number of festivals can vary; it is at the discretion of the management. Then, consider CL (Casual Leave), SL (Sick Leave), EL/PL (Earned Leave/Privilege Leave), ML (Maternity Leave) – these are almost the same for all states.

Regards

Hi,

I am surprised to know that people are taking the profession of HR even without having basic knowledge requirements such as leave rules, ESI, and EPF rules. How did they pass their course?

In this electronic world, people don't want to study and simply put questions to sites.

Questions related to bigger issues like strikes, lockouts, retrenchment, and union negotiations will be much more useful. These issues require more study and comments.

Rules related to leave:

All organizations have to file a list of holidays for the next calendar year before 31st October. The minimum number of days should be 9, including compulsory national holidays - Republic Day, May Day, Independence Day, and Gandhi Jayanti. The balance (9-4=5) 5 days may be for festivals of the region where the establishment is situated. If any four compulsory holidays fall on a Sunday, that day is to be compensated.

Other leaves like CL and sick leave will be as per the company's policy.

Furthermore, all employees other than those under the Apprenticeship Act will be entitled to one day of earned leave for every 20 days worked (including the above 9 days).

Dear Sundaramr,

Good to see that you are giving specific replies to the queries. I want to know under which act/rule you are stating that there should be a minimum of 9 holidays. Can you provide the following answers? This will clarify all the doubts of the people here. For example, if a business is under the Factory Act:

Q1. Then how many minimum CL/SL should be given and under which act/rule?
Q2. Whether NF has 3 or 4 compulsory holidays (is 1st May included in this list or not)?
Q3. How many minimum festivals should be given in Himachal Pradesh/Punjab/Haryana?

Waiting for your response.

Regards,
Manish Gupta

Dear Roshni,

Following are the common paid holidays:

National compulsory holidays:
1. 26 Jan
2. 01 May
3. 15 Aug
4. 02 Oct

Remaining holidays include:
1. Holi
2. Hindu New Year
3. Dassehara
4. Ganesh Jayanti
5. Dipawali
6. Dipawali

Regards,
Shrikant
9423376641

Hi all,

I came across a multinational corporation (MNC) where they have a very different sick leave policy, i.e., 5 days of sick leave:
- 1st day: no payment
- 2nd day: 50% paid
- 3rd to 5th day: 75% paid.

I want to know if this is legal in India. This MNC's headquarters is outside of India, and their base country has this sick leave policy, which is why it is being followed here.

What are your comments and legal suggestions on it?

Regards,
Anuradha

Dear Roshni,

It doesn't matter on which date or day the holiday falls, so you can show them in the list. But before that, how can you compensate the holiday with other festivals? I didn't get that. Please, can you explain it?

I think the number of holidays in a year is 10. If any festival falls on a Sunday, then we can offer optional leave for those festivals that fall on a Sunday. This optional leave can be availed on any festival on which there is no holiday.

Dear Manishgupta1981,

Be informed that under the Industries & Establishment - National & Festival Act 1981, every unit registered with either the Factories Act or the Shop and Establishment Act has to declare 9 days as paid holidays for all employees irrespective of their joining or service.

Out of these 9 days, 4 days (Jan 26, May 1, Aug 15, and Oct 2) are compulsory, and there is no choice regarding them. The remaining 5 days can be decided by each unit based on their location, region, and the community class of staff strength. It is entirely at the unit's discretion.

If any of these compulsory 4 days fall on a Sunday, one more day can be declared as a paid holiday at the unit's choice.

Furthermore, there is no compulsion for any unit to declare or grant SL/CL. It is the unit's decision to have a policy for sick or casual leave. The unit can even deny both SL & CL.

No act is forcing the establishment to declare CL or SL.

However, all registered units should give one day of leave to all confirmed workers or staff (though most units will include staff under probation as well) for every 20 days worked, named as earned leave or privilege leave. When counting the 20 days, the aforementioned nine days will be considered as present days. This earned leave is for confirmed employees only, and it is the management's decision to cover all staff, including probation or trainees.

In India, our leave rules are not in favor of employees, and it is all part of outdated government policy. No government is willing to sit and review these policies, and our representatives of the people are not bothered to raise these issues in Parliament.