Posted by: sadanandnaik | September 22, 2009

Working hours, Leave policies and Holidays in Karnataka, India

Working hours, Leave policies and Holidays are generally regulated by the nature of business, project deadlines, HR Policy and place where the company cater services.

In Karnataka, Factories Act,1948, Karnataka Industrial Establishments (National and Festival Holidays) Act, 1963, and The Karnataka Shops and Commercials Establishments Act, 1961 governs the leave Holiday, leave policy and work hours of the company. Similar legislations have been enacted in other States of India.

The above statutes categorises the leaves and Holidays as follows:

National Holidays: national holidays are declared compulsorily and the companies do not have flexibility in timing them. Such as Republic Day (Jan 26), Independence Day (Aug 15), and Mahatma Gandhi’s birthday (Oct 2). (Sec.3 of Karnataka Industrial Establishments (National and Festival Holidays) Act, 1963)

Festival Holidays: companies have the flexibility to choose from a list of about 52 festivals available in the Schedule to The Karnataka Industrial, Establishments (National and Festival Holidays) Act, 1963. Five festival holidays in each calendar year have to be declared in addition to the National Holidays.

The other holidays are decided by the management in consultation with the employees/Union. Normally there will be compulsory Holiday on May.1 st (Labor Day) and November 1st (Karnataka Rajyotsava)

General Elections: In case of general elections to the Lok Sabha and Vidhana Sabha and in case of any by election, a holiday needs to be declared to all employees on polling day.(Sec.3A of Karnataka Industrial Establishments (National and Festival Holidays) Act, 1963)

Weekly Holidays: An establismet/company required to remain closed for atleast one day of the week(Sec3 of The Weekly Holidays Act,1942).

Information Technology Establishments; Information Technology enabling services or establishments; & Bio-Technology and Research Centres in addition to certain other establishments are exempt from the provisions of Weekly Holidays.Sec.3(2)(q),(r), and (s) of The Karnataka Shops and Commercials Establishments Act, 1961

Other Leaves:

As the casual Leave, Sick leave Paid leave is concerned the companies have there own leave policies:

1. Casual Leave: Many of the companies in India provides 6-12 casual leaves per Year and we cannot avail more than 3 leaves consequently.

2. Sick Leave: Companies provide 6 to 12 Sick Leaves. Employees who avail sick leave for more than 3 consequent days, requires to submit doctor’s certificate.

Working hours: According to sec.54 of Factorise Act, 1948 an adult worker is not required to work more than 9 hour and sec.51 prohibits working for more than 48 hours a week.

Working during night: Sec.66 Factories Act,1948, prohibits working women from 7PM to 6 AM. However the  State Government may, by notification exempt any establishment subject to the condition that the establishment provides facilities of transportation and security to such women employees.

Sec.25 of the The Karnataka Shops & Commercial Establishments Act, 1961, prohibits working of women during night in shops and firms. However an IT/ITES/BPO companies can seek exemption under the provision.

Every employer who intends to seek exemption under section 25 to engage women employees during night shift, shall make an application in Form R to the Commissioner for Labour or the Deputy Labour Commissioner having jurisdiction, with the list of women employees willing to work in night shifts. There shall be at least five women employees in one night shift. On receipt of the application the Commissioner for Labour or the Deputy Labour Commissioner concerned may, grant exemption in Form S.

http://dpal.kar.nic.in/.%5C24%20of%201963%20(E).pdf

http://dpal.kar.nic.in/.%5C24%20of%201963%20(E).pdf

http://indiacode.nic.in/fullact1.asp?tfnm=194218

http://164.100.80.70/acts/ACTS%20E/163e.pdf

http://labour.delhigovt.nic.in/act/html_ifa/page37.html#54

http://labour.delhigovt.nic.in/act/html_ifa/page36.html#51

http://labour.delhigovt.nic.in/act/html_ifa/page44.html#66

http://164.100.80.70/acts/ACTS%20E/163e.pdf

http://articles.mentoassociates.com/?p=113

http://labour.kar.nic.in/labour/kar-shops-commercial.pdf (form No.R and S)

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Responses

  1. My Indian MNC(Information Technology) company(an India Pvt. Ltd. company) says that since I work(from offshore – INDIA) for a client in the United States, I’m not entitled for even compensatory offs for having worked on national holidays like the Independence/Republic Days & Gandhi Jayanthi. Is this correct, please help with information

    • Since the Indian Law applies to you while you are being in India, entitlement for compensatory offs working in US depends on the law of that country and the terms of agreement you have entered with the company. None of the statutes/laws in India speaks about holiday or compensatory offs for having worked on national holidays in abroad by an Indian Employee.

      • Dear Sadanandnaik, As per the labour law women working for more than 6 months in any recognised company can avail maternity leave. Govt has now passed one more act which is a good news for working women going for maternity leave after April 2012 can enjoy 6 months paid maternity leave. Im working since july 1st 2011 with one year for confirmation, Now my company has rules that without confirmation I can take only 3 months leave and with no maternity expense. Company is mumbai based will karnataka labour law-women act help me to get those benefit if i submit help request in labour law for 3 mnths more leave and maternity expense reimbursed. Pls advise

  2. national festival and other holiday in karnataka factory act

  3. Dear Sadanand Naik, Please clarify, how many Earned leave can be carried forward. Is therea rule that company should allow employee to claim amount for unavailed ELs.

    Thanks

    Anil

  4. Hi Friends
    I have one Doubt, If any National Holiday comes on sunday what will have to do, either consider as holiday or can we deside other day for altarnat

    from
    Mohan

    • For your question, there are two suggestions which one be taken by you or management. 1. Option is in case of Sunday you may consider as a holiday only. so no extra day will be granted.

      2. If you or management is willing to give one more day a componsation for sunday than its your or management wish.

      future details you can contact @9480686724

  5. Could you please let me know what should be the working hours for a company under the Karnataka Labor law? Monday to Saturday

    • Opening and Closing hours (a) Bangalore City 6-00 am to 8-00 pm
      (b) Other than Bangalore City 6-00 am to 9-00 pm

  6. Dear Mr. Sadanandnaik,

    I work for a telecome company (construction of network towers) there is no leave rules or policies as such. Now we wanted to have one. please let us know under which act our company is covered. we have management staff and labours also. do we need to follow two different policies or can we have one for the both.
    what are the leave rules regarding CL,SL,EL?

    Please suggest us in this matter. Looking forward for your valuable reply.

    Regards,
    Sujatha

  7. Dear Sir, Ihave joined to a new co.weather I am eligible to get leave facility ( joining period ) for shifting my family and house without loss of pay. ?

  8. Dear Sir, please tel how many EL & CL are given in confectioney companies ( working on 8hs shift & 6day working). Ours, is MNC company earlier we are working 9.5hrs & 5days a week. so we have 6CL & 14EL for 9.5 hrs & is there any changes can be made in this leave structure for 8hrs shift & 6days a week
    can u please help in this matter?
    thanks in advance

    Regards
    LOKESH G

  9. Dear Sir,

    Can you let me know in the restaurant industry in Mumbai which holidays are compulsion for our office staff for e.g. accountant, HR. We have cafes in Mumbai and want to set up the holiday chart for office staff.

    Thanking you

  10. Sir,

    We are in to trading industrial pdts in MP. As of now we don’t have any leave policy. Can you
    please specify how to give casual leave and earned leave to the back office and marketing executive.

    regards,
    USHA R

  11. please let me know E L polices

  12. Can you please guide me if staff avail leave prefix and suffix a holiday or a weekly off, it that daty considered leave. Any rules under Act says about this.

    Please reply for this.
    thanks

  13. send me details about factories leave rules,
    what is period up to leave is valid? in Case of Leave

  14. Can You tell me what is the minimum staff is require to run a 40 Cover rasturant

  15. Hi Sir,

    I would like to know if the ammended Maternity Benefit Act which entitles women employees for Maternity leave of 180 days is applicable for the MNCs in Bangalore. Our MNC is covered under the Shops and Establishments Act.

    Regards,
    MSC

  16. Sadanandnaik,

    My brother works for a private company in Bangalore whose clients are in USA. They dont give any holidays for either Indian National Holidays saying that they need to support their clients in US on such days. And neither do they give holiday on US holidays. He only gets 12 days of earned leave. Is this legal?

    Thanks,
    Anjali

  17. sir,
    i would like to know about the working hours of women
    i am working in a firm which is an autonomous body which is like an aided institue and which follow all Karnataka civil service rules. i am working from 1 to 8 pm. i am facing problem in reaching home at 8pm. so how would i request my director to provide me transportation, is there any rule to provide.
    factories act will not be applicable for our institute.

  18. sir,
    i am working in an autonomous body which follows karnataka civil service rule. i am working from 1.30pm to 8pm but i have not been provided any transportation. pls guide me is there any rule in KCSR which applicable to government employees

    MANJULA. T

  19. Sadanandnaik,

    Sir I have a doubt ,These days most company putting 2 -3 months notice period and during these periods , we are not entitled for any kind of leave (Sick,casual,planned) or they are en cash existing leave (if any thing present already ).

    Sir is this accordance to any labor law or constitution.

    Please enlightened with your Knowledge and expertise.

    Regards,
    Sanjeev

  20. Hello there,

    is it mandatory for (pvt Ltd co) Bangalore, to maintain paid leave, casual leave, sick leave as per factory act? or we (management) can decide about paid leave & casual leave?

    Regards,
    Shashi.K.J

  21. Dear Mr. Sadanandnaik,

    I worked for a small company in IT Sector. I have the following small query regarding the grant of Paid Leave during vacation:-

    I want to take my pending 15 days Earned Leave/Paid Leave. Which i am taking for visiting my parents during Diwali. However the management says that if i take 15 days leave, that will include Saturday/Sundays too.

    Is that the right/legal way?

    I am not sure in this therefore thought of checking with you.

    I believe Saturday/Sundays should/cannot be clubbed with your Paid Leave (Provided the work week is from Monday-Friday)

    So for example, i take 15 days leave starting from the first of the month, i will get 15 days plus 4 Day(Saturday/Sunday) which makes i 19 days, however i am taking only 15 days of leave. So the added 4 days should not be counted as LOP.

    Please help me clearing my doubts with the same.

    Thanks,

    MJ

  22. Dear Sir, Please advise should the contractor to pay his casual labors for national & festival holidays if they do not work. Await your reply.

  23. Hi, I am working women this is contract engg co., i want to know about the working hours per day. this register under small scale industry kindly send the working hours details also pl send leave details

  24. hi i am Saritha kindly send the working hours also in that what is the lunch hour & coffee timings everything details report i need in my co., i got more herasment about timings and no grace period also they for punching also evening must we should finisih our works they said after actual timings 9am to 6 pm they said must we finish our works after timings also but they have not consider these and all they have consider only punching time not leaving time

  25. Dear Sir,
    Now in our organization some employees are taking leave without inform and they din’t submitting leave application after coming from leave, i asked them to submit leave application but they not submitting( one Emp. has took leave on 7.09.2011 and i asked him 3-4 time in this period, so he din’t submitted) what to do please suggest me.
    With regards,
    Ramunayak

  26. Hello

    I work for a MNC company and i work for USA my office timings is frm 1.30 pm to 9.30Pm. Our Hr says in a week we are suppose to work for a period of 48hrs. but at the time of interview this hrs was not mentioned. and more over if i am ready to work for 10hrs a day i have a transportation & food problem . Kindly let me know if any rules and regulation are available if i do say late night in the office to complete 48hrs of working.
    1. As our US servers doesnot work upto 2pm i will not be able to start my work i hv left with only option of extending my off time upto 11.30pm where has they have not provided my any transportation facilities as such.

    Plz let me know the solution for it

  27. Do indian employment laws state anything on compensatory leaves in lieu of working or travelling for official work on weekly off days or a holiday?

  28. sir
    is there any provision for paternity leave in karnataka labour laws. i am working in a private company

    regards

    aneesh km

  29. sir;
    i am manu…….
    my wife working as a asst. teacher in govt primary school, in sagar taluk shivamogga dist, karnataka state…. she applay for meternity leave from 2nd dec-11 and she give birth to baby on 17th jan-12……. our BEO(biock education officer) donot give permission from 2nd dec-11…. what are the rules for meternity please send to my mail urgently…. and replay quick….
    i dont have fluent english… please excuse

  30. sir i am dr gayathree working as asst.prof in hassan inst of medical sciences,karnataka.i joined this institute on 22-01-2007.i was given a appoinment order on 12-12-2006 to join the institute,where i said my due date of delivery is on 27-12-2006,but i delivered my child on 1-1-2007. i was asked to join as early as possible,but since my previous employer delayed,in fact disagreed to releive me,so i joined this institute on 22nd as i was relieved on 20-01-2007. initially i was verbally promised to take maternity leave,so i joined on 22nd, worked for 10 days with my wounds still unhealed than applied 50 days of maternity leave,but when i returned for work i was denied pay for my leave.i wrote repeated reminders,but was in vain.my colleagues said i should try for it still.so i applied for it again mentioning my previous letter numbers.sir i would like to know if i can still try to get my pay,or should i forget it.thank u sir.please do reply to me at earliest.

  31. I want to know in kcs rule for teachers
    How many days of maternity leave ie 135 days? It is nt sufficient to childcare.any other leave is in kcs for child care
    For karnataka state govt employees

  32. Sir,
    During the year 2010, There were shortage of 87 attendence because of strike made by the worker’s to revise the salary. Due to this our company had not credited the PL to all workmen. Plz. suggest me to achive the above said PL.

  33. Sir
    Ihave joined as hr for a small trainiing orgn right now we have 6 members
    which would increase over the next one month what are the compulsary leaves we should incorporate in our leave policy how many cls can be givenand how may mandatory leaves for cl /pl etc shd be included
    thnks

  34. sir, i am working in health and family welfare department,state govt of karnataka as a dental health officer(dental surgeon),should i work on sunday, if i have to work when should i take weekly off.should i work on public holiday, if i have to work then will i be eligible for compensatory casual leave.

  35. sir
    i am working in a pvt.school run by a corporate from past 8 years..unfortunately this academic year my mother -in-law and my father passed away..which happened during my holidays and i had to continue the stay till the 13th day which was important in both the cases..i could not come during these days..my question is , is it right on the part of the employer to deduct my salary for these days without informing me? is there a rule that they can adjust my 12 CL against 9 days and 10 days respectively..and rest may be considered as leave without pay? in your opinion am I not entitled for earned leave in such cases which are inevitable..we cannot ask any person to die only during summer vacation…!!

  36. Hi i want the information about the maternity leave with modified in 2012. What are the facilities given to the women employs in KCSR. With effect from 2012 january onwards.

  37. Hi respected sir. i want the information about the maternity leave with modified in 2012. What are the facilities given to the women employs in KCSR. With effect from 2012 january onwards.

  38. Pl. mail me CL/EL any other leaves as per factories act.

  39. Do Canadian employment laws state anything on compensatory leaves in lieu of working or travelling for official work on weekly off days or a holiday?

  40. pl. send me CL/EL/SL/ etc., as per Labour Department/Factories Act for Small Scale Industries in Karnataka.
    Regards,

    Mohan

  41. information like that, persuade people to keep returning to here. Thanks

  42. Sir, I want to know about maternity leave as of now for private limited company, please send email.

  43. Pl. provide me the

    1) Present leave policy (Earned Leave / Sick Leave / Casual Leave & Maternity leave).
    2) Existing Labour law and minimum wages act
    3) Construction company will come under which act

    for Construction Co. private limited in Karnataka.

  44. Hi,

    This is regarding a well know registered private company (IT/ITES) in Bangalore . My friend is working there and it looks like they make there employees work for 14 days at a stretch without even letting them take any compensatory leave.

    Next – For female employees working in the HR Team of the company they stretch from morning 0900 AM to 10:00 PM (most of the times) and at times it stretches till mid night. In the name of security they send a house keeping guy as an escort with the cab driver.

    Can this be addressed and if so who do we approach and how? Approaching the management would not yield any result as it can come as a back fire to the employees.

    We would request your revert at the earliest.

    Regards,
    Kapil

  45. I’m extremely inspired with your writing talents as well as with the layout for your blog. Is this a paid topic or did you modify it your self? Either way keep up the excellent quality writing, it’s uncommon to see a great blog like this one these days.
    .

  46. Sir, I have 12 employees suppied to MNC and they are working under the control of MNC. But they donot permit contract employees in thier transport.Attending night shifts only volvo buses ,but they charge over 1600 pm. But the mnc provide only 400 is it right to treat differanly employees. note the contract employees are registered under ESI PF pls reply

  47. cont.
    I am a contractor sending employees for AMC work in MNC 12 personnel only. ESI, PF, PT, & service tax applicable. The MNC is allowing the contract employees to travel for work in the MNC transport. treatment to all employees should be same . Please reply
    K.Rangaswamy

  48. pl. send me how many hours OT per mounth
    Regards

    keshav

  49. “Working hours, Leave policies and Holidays in Karnataka, India Sadanandnaik’s Blog” ended up being a fantastic post and also I was really content to find the blog. Thanks for the post-Quentin

  50. Ur blog post, Window Blinds “Working hours,
    Leave policies and Holidays in Karnataka, India | Sadanandnaik’s Blog” was worthy of commenting here! Only wished to say u really did a tremendous job. Thanks for the post ,Tressa

  51. well, even i’m a dental health officer, govt of karnataka and have the same query as to is it compulsory for us to work on sundays and govt holidays and if yes which rule says so? And also should we get a weekly off ? If yes,which rule says so?


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