Leaves & Holidays - Indian Law
Many in the HR industry, especially in small and micro sectors gets confused with the leaves, holidays - weekly, National & Festival, and equally with respect to the maters of absence, abstention and absconding.
Having dealt with such issues for a considerable extent in the FMGC/service industry, I endeavour to consolidate my learnings and view points for the benefit of employees as well as employers.
The holidays to be declared for elections are governed by the Representation of the People Act, 1951 whereby the employees must be given a paid Holiday to enable to them cast their vote - a fundamental right.
Section 135 B of the Act makes any business, establishment or industry to provide a paid holiday and failure to comply a penal offence.
Earlier, the Chambers of Industries use to guide the Industries that as long as the employees are given half day or a change in shift timings to cast their vote and need not declare a holiday which is not in compliance with the provisions of the law. While it is true that the provisions exempt a industry on essential emergency grounds there are are guidelines to apply this exemption to only select category of employees.
Public Holidays/Holidays declared under the Negotiable Instruments Act
There is a misnomer as far as the Public Holidays are concerned, which are meant only the for the appropriate Government (Central/State) and their PSUS, and educational institutions. As far as an establishment, factory or industry, it would be bound by the aforesaid N&F Holidays which are notified in the manner explained.
The holidays notified under the Negotiable Instruments Acts are for the purpose of banks - various financial instruments like cheques, drafts bills etc. which are due on a particularly, if such day falls on a holiday declared/notified under the NI Act will fall due on the following day.
Vasudevan
Having dealt with such issues for a considerable extent in the FMGC/service industry, I endeavour to consolidate my learnings and view points for the benefit of employees as well as employers.
Holidays
Weekly Holidays - Generally Sundays, or any other weekly closure/off/holiday declared by an establishment/industry. This should be notified to the local labour authorities annually and in case of changes, as and when the change occures.
National &Festival Holidays
The National & Festival Holidays Act, 1958,(Central Law) stipulates the National Holidays which are mandatory - Republic Day, Independence Day, Gandhi Jayanthi, and in addition, the States have either modified the Act/prescribed relevant rules and also declared special Holidays to be observed viz. Labour Day (1st May), Foundation Day (A.P., Karnataka), Thiruvalluvar Day (T.N.).
Festival Holidays are listed by the respective Shops & Establishment Act and an establishment/industry has to choose the important holidays based on the regional importance and finalize the list in consultation with the employees/Trade Union and in some States with the Labour Officer for approval. The final list declared has to be notified with the labour authorities and circulated/displayed in the notice board of the respective establishments.
Special Holidays for Elections
The holidays to be declared for elections are governed by the Representation of the People Act, 1951 whereby the employees must be given a paid Holiday to enable to them cast their vote - a fundamental right.
Section 135 B of the Act makes any business, establishment or industry to provide a paid holiday and failure to comply a penal offence.
Earlier, the Chambers of Industries use to guide the Industries that as long as the employees are given half day or a change in shift timings to cast their vote and need not declare a holiday which is not in compliance with the provisions of the law. While it is true that the provisions exempt a industry on essential emergency grounds there are are guidelines to apply this exemption to only select category of employees.
Public Holidays/Holidays declared under the Negotiable Instruments Act
There is a misnomer as far as the Public Holidays are concerned, which are meant only the for the appropriate Government (Central/State) and their PSUS, and educational institutions. As far as an establishment, factory or industry, it would be bound by the aforesaid N&F Holidays which are notified in the manner explained.
The holidays notified under the Negotiable Instruments Acts are for the purpose of banks - various financial instruments like cheques, drafts bills etc. which are due on a particularly, if such day falls on a holiday declared/notified under the NI Act will fall due on the following day.
Vasudevan
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