Tuesday, 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)1

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)2

Weekly Holidays: An establismet/company required to remain closed for atleast one day of the week(Sec3 of The Weekly Holidays Act,1942)3.

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, 19614

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 hour5 and sec.51 prohibits working for more than 48 hours a week6.

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.7

Sec.25 of the The Karnataka Shops & Commercial Establishments Act, 1961, prohibits working of women during night in shops and firms8. 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 S9.



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







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

1 comment:

  1. Hi there! great post. Thanks for sharing a very interesting and informative content, it is a big help to me and to others as well, keep it up!
    Advocates in Bangalore