Annual Leave and Holidays
Paid Vacation / Annual Leave
Note: Upcoming Labour Legislation in India
In 2020, the Indian Parliament combined 25 labour laws into three codes, i.e., the Social Security Code, the Code on Industrial Relations and the Code on Occupational Safety, Health and Working Conditions. Enacted in 2019, the Code on Wages also amalgamated four relevant labour laws.
The four new Labour Codes were supposed to be effective from 01 April 2021. However, considering the rise in COVID cases and the potential impact of the new Codes on per-employee costs for enterprises, the Government delayed their implementation to a future date. The Central and State Governments have been working on rules under these Codes. The new legal provisions will be effective only once notified.
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Currently Applicable Provisions
The Factories Act has provided annual/earned leave of 12 working days for all workers who have worked at least 240 days in a year. However, the duration of earned/annual leave differs for adult and young workers. An adult worker is entitled to one day of earned leave for every 20 days of service while a young worker (under the age of 15 years) is entitled to one day of earned leave for every 15 days of service. Thus, the annual leave duration is 15 working days and 20 working days for adult and young workers respectively.
Workers are paid their usual daily wage rates for the days of earned leave. A worker is paid his full daily wages during the term of annual leave. Daily wages are the average of his total full-time earnings for the day on which he actually worked during the months immediately preceding his leave, exclusive of any overtime and bonus but inclusive of dearness allowance and the cash equivalent of advantage accruing through the concessional sale to the worker of food grains and other articles.
If a worker takes four or more days' leave at a time, his wages are paid before the leave begins. The employer, the works committee and the Chief Inspector of factories determine the schedule of leaves by mutual consensus to ensure continuity of work. A worker may take all or portion of annual leave provided that he/she notifies the employer in writing at least 15 days prior to the date of availing annual leave and such request may not be refused unless it contradicts with the scheme of leave already agreed. Even when in portions, annual leave cannot be taken more than three times a year.
Annual leave may be carried over however no more than 30 days can be carried over to the next year. If the employment contract expires before a worker could take annual leave, compensation for leave is made in proportion to the number of months and numbers of hours worked in a week.
Source: §79-82 of Factories Act 1948
Non-Standard Workers' Rights on Annual Leave - Platform Workers
Most platform workers are treated as independent contractors. For employees, these issues are covered under Occupational Safety, Health and Working Conditions Code, 2019. An employee is defined under the OSH Code as "a person (other than an apprentice engaged under the Apprentices Act, 1961) employed on wages by an establishment to do any skilled, semi-skilled, unskilled, manual, operational, supervisory, managerial, administrative, technical or clerical work for hire or reward, whether the terms of employment be express or implied".
While currently, the proposed legislation is not explicitly applicable to the independent contractors of the platform economy however it allows courts to interpret the term expansively and favourably to benefit platform workers. Similar provisions are found in the Code on Social Security 2019.
Paid Vacation / Annual Leave Under State Laws
Paid Vacation/ Annual Leave in Andhra Pradesh
For Employees at Establishments:
Every employee who has served for a period of 240 days or more during a continuous period of 12 months in any establishment is entitled to leave with wages for a period of 15 days. This leave will be allowed in the subsequent 12 months. And, they may accumulate up to a maximum period of sixty days (two months).
Every employee in any shop or establishment is entitled to encashment of the leave with wages for a period of eight days in every year. They may apply in writing to the employer, at least seven full working days before the date of availing of this leave. An employee who has been allowed leave for more than 5 days can be paid their wages in advance if requested.
Every employee who has served for a period of at least 240 days during a continuous period of 12 months in any establishment is entitled to encashment of eight days of leave with wages. The wages must be paid within a week of the encashment application.
Every employee in any establishment is entitled during the first 12 months of continuous service and during every subsequent 12 months of such service to sick leave and casual leave of twelve days each.
Workers are entitled to payment for sick leave if a worker is discharged while being on sick leave due to sickness or accident.
Source: Section 30, Andhra Pradesh Shops and Establishments Act, 1988
Paid Vacation/ Annual Leave in Maharashtra
For all factory workers:
A notice of a minimum of 4 weeks is mandatory for managers to alter the date of an approved leave. With the prior approval of the manager, the workers may also exchange periods of leaves in case of emergencies.
Wages of workers who died during a leave period, and had not availed the advance payment options, would be paid to their nominees, if not, legal heirs within one month of intimation of death.
Source: Section 111 and 112, Maharashtra Factories Rules, 1963
For all workers in Beedi Establishments:
Workers in beedi establishments, who have worked for more than 240 days in an establishment, are entitled to paid annual leaves in the next year. Adults are entitled to one holiday per 20 days of work, while young persons are entitled to one holiday per 15 days of work. Employers should include the following days in calculation of the 240 days - contractual holidays, leaves under the Standing Orders, maternity purpose leaves (not exceeding 12 weeks), and untaken leaves from the previous year. Leaves not availed in the previous year may be transferred to the subsequent year. However, they cannot be more than 30 days for adults and 40 days for young persons. Annual leaves are paid at the rate of payment in the working period before the leave.
In case of termination, workers are entitled to be paid for the days of leaves that have not been availed. No untaken leaves can be considered as a part of the mandatory notice periods. Employees with approved leaves longer than 4 days (adults) and 5 days (young person) can receive advance salaries.
Source: Maharashtra Beedi and Cigar Workers (Conditions of Employment) Rules, 1968
For all workers in Shops and Commercial Establishments:
Employees at undertakings that are subject to the Shops and Establishment Act should be entitled to 8 casual leaves a year. These will be granted quarterly and will lapse at the end of the year. In addition, every worker who has worked for at least 3 months should be allowed a paid leave of a maximum of 5 days (consecutive or otherwise), for every 60 days of work. Accumulation of these leaves is permitted up to 45 days. In case of a denial of leave requests, despite a 15-day notice, workers can cash the leaves in excess of 45 days.
For instance, a worker has 45 leaves accumulated already, and they apply for a 5 day leave for a particular quarter of the year. Such that, if their application is denied, the worker cannot accumulate leaves any further. Here, it is highly probable that employers deny leaves to avoid absence and lower productivity. Thus, in such cases, workers are allowed to encash these denied leaves, even if they are in excess of 45 days.
Source: Section 18 of the Maharashtra Shops and Establishment (Regulation of Employment and Conditions of Service) Act, 2017
For all employees in Private Schools:
All employees of private schools are entitled to paid yearly leaves in October (extending up to Diwali) and Summer (starting in May). Non-permanent employees should receive the vacation salary if they worked for the majority part of the previous term, or will continue work after the vacations. If the Education Officer is convinced that a worker is terminated to avoid paying vacation salary, the employee will be entitled to wages for working days before the vacation and vacation salary.
Permanent employees are entitled to vacation salary even if they resign on the last working day before vacation. Furthermore, a permanent employee would also be entitled to the said salary, if they resign (with due notice) in the middle of the term.
Leaves in private schools cannot be claimed as a matter of right, they are discretionary. Leaves other than casual/extension should be applied for in advance, or within 7 days of the day of first absence. If not, non-permanent employees iare considered to have abandoned the position after 7 days. In such a situation, permanent employees face disciplinary action. Permanent employees are considered to have abandoned their position after 3 years of no official contact.
Casual leaves may be granted to teaching and none teaching staff, other than heads of schools, based on the orders of the State Government from time to time. Not more than two other holidays can be enjoyed in conjunction with any casual leave. The total period of casual leaves and holidays enjoyed continuously at one time cannot exceed 7 days. Except in emergent circumstances, this may be extended up to 10 days.
Other holidays prefixed or suffixed to casual leaves in more than two leaves will be treated as a part of casual leaves. Sundays and holidays interposed between two periods of casual leaves, are treated as a part of casual leaves. In such a case, even half working days such as Saturdays are treated as one whole day of leave. Casual leaves of half day can be taken by working during the other half. The Act specifies a range of special casual leaves for purposes like family planning operations etc.
Employees, who have completed a year of service, are eligible for a half pay leave of 20 days, for medical or personal affairs, apart from the casual leave. Commuted leaves (with full pay) can be taken for half the period of 20 days against a medical certificate and a cause of illness. Commutation is converting half paid leaves into full paid ones by reducing the number of leaves by half. Such leave may be granted if the employer is convinced of the employee’s return on the expiry of the same. In case of no return for whatsoever reason, the employee will be liable to pay the full wage for the extra days. Alternatively, they can deduct double the number of extra days from the half pay leaves account up to 20 days. Employees can take only 180 days of commutation leaves in the entire span of employment.
For instance, Y works at a wage of Rs. 100/ day. This way, they deserve 20 days of leave with a half pay of Rs. 50/day. Out of this, Y decides to use 8 days of half paid leaves. Instead of 8 days of half pay holidays, Y convinces their employer to allow them 4 days of leave with a full pay of Rs. 100/day. However, Y does not show up to work for 6 days. In this case, Y will have to pay the full wage of 2 days i.e., the number of extra days. Alternatively, Y can also get 4 of their half-paid leaves cancelled from the 20 allowed.
Extraordinary leaves may be granted to employees (without salary), for a period of maximum 3 months (for temporary employees) and 3 years (for permanent employees). Half paid maternity leaves may be granted for a maximum period of 90 days to employees with greater than one but less than two years of service (>1 year and <2 years of service). Workers with more than two years of employment should be granted paid maternity leaves. In case of workers with less than one year of service, extraordinary leave may be granted for maternity purposes. The said maternal leaves may continue alongside other vacations. However, maternal leaves may not be debited from other leave accounts.
Permanent employees who are unable to avail full/part vacation in a year are entitled to 30 days/proportional days of leaves at the end of the year. [_An employee, who is prevented from availing himself of the full vacation of 63 days in a year, is entitled to earned leave for 30 days. Similarly, the employee who is prevented from availing himself of 21 days out of the total vacation is entitled to earned leave for 10 days, and so on.]. _These can be accumulated to the maximum of 180 days. An employee who is not entitled to vacations will gain leaves at a rate of 1/11th of the period spent on duty. The employee will cease to earn such leave when the earned leave is accumulated up to 180 days.
Employees can encash surrendered leaves under certain conditions. Workers who have taken an earned leave for at least thirty days can surrender the balance of the leave or a part of it, up to 30 days. Any kind of leave except casual leaves may be granted in combination with any other kind of leave.
Non-permanent employees are entitled to any leave with pay other than casual and maternity leave. A non-permanent employee when appointed to a permanent post should be entitled to leave [as a permanent employee] even for the span of work done as a temporary employee. Half pay leave at the rate of 20 days for each completed year must be granted to a non-permanent employee. This is only if there is reason to believe that the employee concerned will return to duty on its expiry. Owing to the nature of their work, heads of schools are expected to have a different leave and holiday system as said in the act.
Source: Section 13 – 22, Maharashtra Employees of Private Schools (Conditions of Service) Rules, 1981
Paid Vacation/ Annual Leave in Karnataka
For Employees (including minors) at Establishments:
Every employee in an establishment is entitled to leave with wages and has the right to avail such leave for the number of days calculated at the rate of:
- one day for every twenty days of work performed by him, in case of an adult;
- one day for every fifteen days of work performed by him, in the case of a young person.
Every employee will be paid wages for each of the holidays allowed to him. For the leave period, an employee will be paid at the rate equal to the daily average of his total full-time earnings for the days on which he worked during the month immediately before his leave. This rate is exclusive of any overtime wages and bonus but inclusive of dearness allowance and the cash equivalent of the advantage collected through the sale to the employee of food grains and other articles.
Source: Section 15 of the Karnataka Shops and Commercial Establishments Act, 1961
For Daily Wage Employees:
A daily wage employee is entitled to casual leave of fifteen days and earned leave of thirty days per year.
Source: Section 4 of the Karnataka Daily Wage Employees Welfare Act, 2012
Paid Vacation/ Annual Leave in Uttar Pradesh
All workmen of an industrial establishment are entitled to the following leave and holidays with wages during a calendar year:
- Annual leave with wages as provided under the relevant law dealing with the working conditions applicable to the industrial establishment and in cases where there is no provision in this regard, the workman of that industrial establishment should be entitled to 15 days' annual leave, with wages, for every year of service given.
- Five days casual leave with full wages, but the grant of such casual leave should depend on the exigencies of work and should be at the discretion of the Manager. It may be refused only for reasons to be recorded in writing and the refusal should be communicated to the workman concerned before the beginning of the leave for which the workman applied for.
- Ten days sickness leave with full wages, if the workman is not entitled to the sickness leave benefit under the Employees State Insurance Act, 1948 (Act 34, of 1948) and the Scheme framed thereunder.
Application for leave required on medical grounds or owing to death or serious illness of any member in the workman's family or for any other urgent domestic need, the application for leave may be made on the same day.
Application for leave up to three days should be made at least twenty-four hours before the day from which the leave is required:
However, the leave requested on medical grounds or owing to death or serious illness of any member of the workman's family or any other urgent domestic can be made on the same day.
Source: Section 10, 11, U.P. Industrial Employment Model Standing Orders, 1991
A safety officer at a factory is given allowances and other benefits such as leave and bonus.
Source: Section 4, U.P. Factories (Safety Officers) Rules, 1984
Paid Vacation/ Annual Leave in Rajasthan
For Employees (including minors) at Establishments:
Every employee who has worked annually for 240 days or more in an establishment will get paid leaves in the next year at the following rates-
(i) if an adult, one day for every twelve days of work performed by him during the previous year;
(ii) if a child, one day for every fifteen days of work performed by him during the previous calendar year.
These leaves are exclusive of all holidays that come during the period of leave or at the end of the period of leave. To use this leave, the employee should give a written notice seven days prior to the period of leave. The employee can take leave for not more than six times a year. The employee is to be paid wages at the rate equal to his average wages in the previous month (excluding overtime and bonus, but including cash equivalents).
Source: Section 14 of the Rajasthan Shops and Commercial Establishments Act, 1958; Section 14 of the Rajasthan Industrial Employment (Standing Orders) Rules, 1963
Paid Vacation/ Annual Leave in Tamil Nadu
For workers in Beedi Establishments:
Workers in beedi establishments, having worked for more than 240 days in an establishment, are entitled to paid annual leaves in the subsequent year. Adults are entitled to one holiday per 20 days of work, while young persons are entitled to one holiday per 15 days of work. In calculation of the 240 days, the following leaves must be counted as working days : contractual holidays, leaves under the Standing Orders, maternity purpose leaves (not exceeding 12 weeks), and untaken leaves from the previous year. Leaves not available in the previous year may be transferred to the subsequent year not exceeding 30 days for adults and 40 days for young persons. Annual leaves are paid at the rate of payment in the working period before the leave.
In case of termination, workers are entitled to be paid extra, equivalent to the days of leaves that have not been availed. No untaken leaves can be considered as a part of the mandated notice periods. Employees with approved leaves longer than 4 days (adults) and 5 days (young person) are eligible for advance salaries.
Source: The Tamil Nadu Beedi Industrial Premises (Regulation of Conditions of Work) Act, 1958
For workers in Catering Establishments:
Catering workers having worked for more than 240 days in an establishment are entitled to paid annual leaves in the subsequent year. Adults are entitled to one holiday per 20 days of work, while young persons are entitled to one holiday per 15 days of work. In calculation of the 240 days, the following leaves must be counted as working days : contractual holidays, leaves under the Standing Orders, maternity purpose leaves (not exceeding 12 weeks), and untaken leaves from the previous year. Leaves not available in the previous year may be transferred to the subsequent year not exceeding 30 days for adults and 40 days for young persons. They are also entitled to 12 sick leaves a year, one leave per month. Annual leaves are paid at the rate of payment in the working period before the leave.
In case of termination, resignation, discharge by employer, and leaves not granted, workers are entitled to be paid extra, equivalent to the days of leaves that have not been availed. The said payment ought to be made within two days of termination, or on the due date of wage payment. No untaken leaves can be considered as a part of the mandated notice periods. Employees with approved leaves longer than 4 days (adults) and 5 days (young person) are eligible for advance salaries.
Source: Tamil Nadu Catering Establishments Act, 1958
For workers in Handlooms:
Handloom workers, having worked for more than 240 days in an establishment, are entitled to paid annual leaves in the subsequent year. Adults are entitled to one holiday per 20 days of work, while young persons are entitled to one holiday per 15 days of work. In calculation of the 240 days, the following leaves must be counted as working days : contractual holidays, leaves under the Standing Orders, maternity purpose leaves (not exceeding 12 weeks), and untaken leaves from the previous year. Leaves un-availed in the previous year may be transferred to the subsequent year not exceeding 30 days for adults and 40 days for young persons. Annual leaves are paid at the rate of payment in the working period before the leave.
In case of termination, workers are entitled to be paid extra, equivalent to the days of leaves that have not been availed. The said payment ought to be made within two days of termination. No untaken leaves can be considered as a part of the mandated notice periods. Employees with approved leaves longer than 4 days (adults) and 5 days (young person) can be paid the dues for the leave period in advance.
Source: Tamil Nadu Handloom Workers (Conditions of Employment and Miscellaneous Provisions) Act, 1981
For workers in Shops and Commercial Establishments:
For workers subject to the Shops and Establishments Act of Tamil Nadu, 12 days of sick leaves a year, one leave per month, is permitted in addition to 12 days of casual leaves in one year. These can be accumulated maximum up to 45 days.
Source: Tamil Nadu Shops and Establishments Act, 1947
Paid Vacation/ Annual leave in Gujarat
Every employee who has been employed for more than three months in any year, should be allowed leave, consecutive or otherwise, for a period of less than or up to five days for every 60 days on which he has worked during the year.
Every employee who has worked for not less than two hundred and forty days during a year should be allowed leave, consecutive or otherwise, for a period of at least twenty-one days.
Having gone on leave for a period more than twenty-one days, every employee who has accumulated leave should be entitled to surrender any period of leave, not exceeding twenty-one days; and such employee should be entitled to payment of wages for that period of leave.
In addition, every employee should be entitled to casual leave for seven days in a year with wages. Every employee should be paid for the period of their leave at a rate equivalent to the daily average of their wages for the days on which they actually worked during the preceding three months.
Every worker should be permitted to accumulate earned leave up to a maximum of sixty-three days.
Every worker who has worked for a period of two hundred and forty days or more in a shop or establishment during a calendar year should be allowed during the subsequent calendar year, leave with wages for a number of days calculated at the rate of one day for every twenty days of work performed by him during the previous calendar year.
Where the employer refuses to sanction the leave, which is due under the above subsection when applied fifteen days in advance, then the worker should have a right to encash leave in excess of sixty-three days, in two cases:
i) if the employee – being entitled to leave other than casual and festival related is fired by the employer before allowed the leave
ii) if the employee applied for the leave but got turned down, and he quits the job due to death, retirement, resignation or permanent disability, then the employer needs to pay him full wages for the period of leave.
Source: Section 35 of the Bombay Shops and Establishments Act, 1948; Section 18 of the Gujarat Shops and Establishments (Regulation of Employment and Conditions of Service) Act, 2019
Paid Vacation/ Annual Leave in West Bengal
For all factory workers:
A notice of a minimum of 2 weeks is mandatory for managers to alter the date of an approved leave. With the prior approval of the manager, the workers may also exchange periods of leaves in case of emergencies.
Wages of workers who died during a leave period, and had not availed the advance payment options, would be paid to their nominees, if not, legal heirs within one month of intimation of death.
Source: Section 92, West Bengal Factories Rules, 1958
For Employees at Establishments:
A person employed in a shop or an establishment is entitled to, for every completed year of continuous service, privilege leave on full pay for fourteen days, sick leave on half pay for fourteen days on medical certificate obtained from a medical practitioner and casual leave on full pay for ten days.
In the case of women, maternity leave in accordance with prescribed rules may be applied.
Source: West Bengal Shops and Establishments Act, 1963
Pay on Public Holidays
Workers are entitled to paid days off during Festival (public and religious) holidays. These include memorial holidays and religious holidays.
There are many festival and religious holidays in India festivals and religious holidays in India; however, only three of these are fully covered national public holidays. These are
- Republic Day (January 26)
- Independence Day (August 15)
- Mahatma Gandhi's Birthday (October 2).
At the state level, the public holidays range between 15 to 25 days per year. The public holidays are 14 in Delhi and 39 days in Sikkim.
In addition to the above national holidays, the legislation requires employers to grant a minimum of 4 festival holidays, with the specific dates determined by the Inspector in consultation with the employer and employees.
Employers must prominently display a statement showing the holidays allowed in each calendar year. Employees must be paid wages for each of the holidays allowed.
Source: §5 of the Karnataka Industrial Establishments (National and Festival Holidays) Act 1963; §5 of The Punjab Industrial Establishment (National and Festival Holidays and Casual and Sick Leave) Act 1965
Pay on Public Holidays Under State Laws
Pay on Public Holidays in Andhra Pradesh
For Employees at Establishments:
Every employee in any establishment is entitled to nine holidays in a year with wages. The days for these have to be specified by notification from time to time by the Government. These include 26th January (Republic Day), 1st May (May Day), 15th August (Independence Day), 2nd October (Gandhi Jayanthi) and 1st November (Andhra Pradesh Formation Day). Other 4 holidays have to be commonly agreed by employers and employees. On every such holiday, all the establishments must remain closed.
Employees in any residential hostel, restaurant, eating-house, theatre, or any place of public amusement or entertainment may be required to work on such a holiday. In exchange for this, they are allowed to have compensatory holidays with wages within 30 days of the actual holiday. Provided that, such compensatory holidays cannot be more than seven in a year. Workers can also choose to encash these holidays at one month’s average daily wage rate [exclusive of overtime].
Source: Section 31, 32, Andhra Pradesh Shops and Establishments Act, 1988
Pay on Public Holidays in Maharashtra
For all workers in Shops and Commercial Establishments:
Employees of organizations (that are subject to the Shops and Establishments Act) receive 8 paid festival holidays in a calendar year. Namely, 26th January, 1st May, 15th August, 2nd October, and four other holidays agreed through consultation between workers and owners. In case a worker is expected to work on any of these days, they should be entitled to wages at double the rate and a compensatory holiday.
Source: Section 18 of the Maharashtra Shops and Establishment (Regulation of Employment and Conditions of Service) Act, 2017
Pay on Public Holidays in Karnataka
For workers in Shops and Commercial Establishments:
Every employee is allowed in each calendar year, a holiday of one whole day on the 26th January, 15th August, 2nd October and five other holidays each of one whole day for such festivals as the employer may specify. Except in the case of Industrial establishments owned or controlled by the Government of India, the number of such other holidays is seven (not five) including the first day of May and first day of November. Furthermore, every employee (other than an employee in an Industrial establishment owned or controlled by the Government of India) whose name is included in the electoral roll of the constituency where such election is held, is allowed a day's paid holiday to enable him to vote on the polling day.
Section 5 of the Karnataka Industrial Establishments (National and Festival Holidays) Act, 1963
For Daily Wage Employees:
A daily wage employee is entitled to all General Holidays.
Source: Section 3 of the Karnataka Daily Wage Employees Welfare Act, 2012
Pay on Public Holidays in Uttar Pradesh
Every employee should be entitled to, and be granted, holiday with wages on every national holiday.
In spite of anything contained in any other law, contract, document, usage or practice to the contrary, if an employee is required to work, and works on a national holiday, he should be paid by the employer, twice the wages for a day.
Otherwise, the employee may seek wages for that day, and also a substituted holiday with wages falling within the next calendar month, not being a weekly holiday.
Where an employee is paid wages by the day, or at piece rates, his wages for a day payable to him under this Section, should be the daily average of his wages, to be calculated in the manner prescribed.
Sources: Section 3, U.P. Industrial Establishments (National Holidays) Act, 1961
All workmen of an industrial establishment should be entitled to eight festival holidays with full wages including three national holidays namely, Republic Day, Independence Day and Gandhi Jayanti.
Source: Section 10,U.P. Industrial Employment Model Standing Orders, 1991
Pay on Public Holidays in Rajasthan
No State laws and provisions under this topic.
Pay on Public Holidays in Tamil Nadu
For workers in Catering and Industrial Establishments:
Although provisions have been laid down for compensation of work on public and special holidays under the Tamil Nadu Catering Establishments Act, 1958 and the Tamil Nadu Industrial Establishments (National, festival and special holidays) Act, 1958, no special pay has been delineated for public holidays.
Pay on Public Holidays in Gujarat
Every employee should be entitled to a paid leave for not more than four days in a year on any of the days which the State Government, may by notification in the Official Gazette, specify to be the National and Festival holidays.
Every employee should be paid for the period of their leave at a rate equivalent to the daily average of their wages for the days on which he actually worked during the preceding three months.
A worker should be entitled to eight paid festival holidays in a calendar year, namely, the 26th January, 15th August and 2nd October and five such other festival holidays as may be agreed to between the employer and the workers before the commencement of the year. On these days, the worker should be paid wages at the rate equivalent to their ordinary rate of wages excluding overtime:
The employer may require any worker to work in the shop or establishment on all or any of these days, subject to the conditions that for such work the worker should be paid double the amount of the ordinary rate of wages and also leave on any other day in lieu of the compulsory holiday.
Source: Gujarat Shops and Establishments (Regulation of Employment and Conditions of Service) Act, 2019
Pay on Public Holidays in West Bengal
No State laws and provisions under this topic.
Weekly Rest Days
The Factories Act provides provision on weekly rest. Workers are generally entitled to at least 24 hours of weekly rest on the first day of the week, i.e., Sunday. The weekly rest period is reckoned as a paid time.
Workers may be required to work on a weekly holiday; in this case, he/she is entitled to the substitute holiday three days before or after the usual weekly holiday. Even in the case of holiday substitution, workers must be given a weekly holiday in every 10 days. If an organization is exempted from the provision related to weekly holiday and workers are not granted their weekly holidays, an equal number of compensatory holidays have to be granted within 2 months.
Source: § 52-53 of Factories Act 1948
Weekly Rest Days Under State Laws
Weekly Rest Days in Andhra Pradesh
For Employees at Establishments:
Every shop, whether with or without employees, must remain closed every Sunday which is a holiday for every employee in the shop. Provided that the Chief Inspector may notify about an alternative day for such establishments to remain close. Specific classes of shops may also be expected to remain closed for one and a half days/week upon the order of the Chief Inspector.
No deduction may be made from the wages of any employee in a shop for any full/part day on which it has remained closed. And, if such an employee is employed on the basis that they would not ordinarily receive wages for such a day, they must nonetheless be paid. Their wages should be equal to the amount earned if the shop would not have been closed. It is not lawful for the employer to call an employee and ask them to go anywhere for the shop’s work on the day of closing. Employees of establishments other than shops are subject to the same conditions. Their weekly day of rest should be mutually decided by the employers and the employees.
Source: Section 12, 19, Andhra Pradesh Shops and Establishments Act, 1988
For Motor Transport Workers:
No motor transport worker is required or allowed to work on their fixed day of rest unless they are given a substitute rest day. These have to be on one of the three days immediately before or after the said weekly rest day.
Source: Section 29, Andhra Pradesh Motor Transport Workers Rules, 1963
Weekly Rest Days in Maharashtra
For all workers in Shops and Commercial Establishments:
Employees of organizations (that are subject to the Shops and Establishments Act) are entitled to a rest for a period of a consecutive 24 hours, once in a week. Despite the same, establishments may be kept open for more than one shift. In such a case, the employee’s shift will be the discretion of the employer.
Source: Section 16 of the Maharashtra Shops and Establishment (Regulation of Employment and Conditions of Service) Act, 2017
For all workers in Beedi Establishments:
Beedi establishments should remain closed for one day in a week. This day will serve as the paid rest day for all workers. However, there is an exception for workers involved in the wetting of wrapping leaves. They ought to be compensated as per the rules laid down for compensation. These rest days are paid as per the average rate of pay for the week, excluding overtime pay.
Source: Maharashtra Beedi and Cigar Workers (Conditions of Employment) Rules, 1968
Weekly Rest Days in Karnataka
For workers in Shops and Commercial Establishments:
Every establishment must remain closed for one day of the week and every employee in an establishment must be given at least one whole day in a week as a holiday for rest. The employer must fix such a date at the beginning of the year. No deduction can be made from the wages of an employee in any establishment on account of the holiday given to a worker.
For Daily Wage Employees:
If any employee is employed on daily wages, they are nonetheless paid their wages for the weekly holiday.
Source: Section 12 of the Karnataka Shops and Commercial Establishments Act, 1961
Weekly Rest Days in Uttar Pradesh
Each building worker employed in building and other construction work should be allowed a day of rest every week known as the rest day.
This rest day must ordinarily be Sunday, but the employer may fix any other day of the week as the rest day.
However, the building worker should be informed of the day fixed as the rest day in case of any day of the week assigned as a rest day.
The employer needs to inform the worker any subsequent change in such rest day before the change is made, by display of a notice to that effect in the place of employment at the place specified by the Inspector.
No building worker employed in building or other construction work should be required or allowed to work on a rest day unless he already had or will have a substituted rest day for a whole day on one of the five days immediately before or after such rest day.
However, in the time span between five days before or after the rest day, the employer needs to ensure that the worker is not made to work without a rest day for a period of ten consecutive days.
Source: Section 40, U.P. Building and Other Construction Workers (Regulation Of Employment And Conditions Of Service) Rules, 2009
Weekly Rest Days in Rajasthan
For Minimum Wage Employees:
The employer will allow a day of rest with pay in every period of seven days (ordinarily Sunday).
Source: Section 23 of the Rajasthan Minimum Wages Rules, 1959
For workers in Shops and Commercial Establishments:
Every employee in all establishments should be given one rest day per week. This rest day should be fixed by the employer at the beginning of the year. The rest day of the employee can coincide with the day of the week when the establishment is closed. The establishment will remain closed for one day of the week (the shop should give a clear notice for the same). The establishment can hire additional workers if it wants to remain open throughout the week. On a weekly holiday or the day when the establishment is closed, the employer cannot order the worker to go to his establishment or any other place for work related to the business. No deductions will be made to the wages for these days.
Source: Section 12 of the Rajasthan Shops and Commercial Establishments Act, 1958
For Construction Workers:
Every building worker will be given one day of rest every week (commonly Sunday). Building workers should not be asked to work on their rest day. On rest days, the workers should be paid wages at the same rate as the day before such a rest day. If they willingly decide to work on a rest day, they must take a rest day in the 5 days before or after their rest day spent working. The wages for a rest day on which the worker has worked are paid according to the overtime rate.
Source: Section 61 of the Rajasthan Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Rules, 2009
Weekly Rest Days in Tamil Nadu
For construction workers:
Building and construction workers are entitled to one paid rest day per week. Usually a Sunday, the day can be changed and notified after adequate consultation and permission from authorities. In any case, no worker is allowed to work for more than 10 days at a stretch without a rest day.
Under special permissions, daily spread hours could be increased to 15 hours a day and 60 hours a week, the maximum span without a leave then being 14 days. Work done under this provision would be paid at a rate twice of the normal wages for hours done in a day, week or on rest days. A rest day entails 24 hours of uninterrupted rest, commencing at the end of the shift.
Source: Tamil Nadu Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Rules, 2006
For workers in Handloom, Catering and Beedi Establishments:
Beedi, catering and handloom establishments, are mandated to remain closed for one day in a week. This should serve as the paid rest day for all workers. In case of beedi establishments, there remains an exception for workers involved in the wetting of wrapping leaves. They ought to be compensated as per the rules laid down for compensation. These rest days are paid as per the average rate of pay for the week, excluding overtime pay.
Source: The Tamil Nadu Beedi Industrial Premises (Regulation of Conditions of Work) Act, 1958;Tamil Nadu Handloom Workers (Conditions of Employment and Miscellaneous Provisions) Act, 1981; and
Tamil Nadu Catering Establishments Act, 1958
For workers in Shops and Commercial Establishments:
For workers subject to the Shops and Establishments Act of Tamil Nadu, weekly leave entails one full day and one half-day leave in a week. No deduction must be made in the wages for these days. Even in case of a worker not being employed under an arrangement that they receive payment for the set days, they should be paid in a manner same as that of a closed day.
Source: Tamil Nadu Shops and Establishments Act, 1947
Weekly Rest Days in Gujarat
No employee should be required or allowed to work in any shop or commercial establishment for more than forty-eight hours in any week.
Every shop and commercial establishment should remain closed on one day of the week and the employer should prepare a calendar or list of such closed days.
No deduction should be made from the wages of any employee in a shop or commercial establishment on account of any day on which it has remained closed under this Section.
The period of work of an employee in a residential hotel, restaurant or eating house each day should be so fixed that no period of continuous work, should exceed five hours.
No employee should be required or allowed to work for more than five hours before he has had an interval for rest of at least one hour.
However, on a written application by the employees, the state government can reduce the interval of rest to half an hour.
The period of work of an employee in a theatre or other places of public amusement or entertainment each day should be so fixed that no period of continuous work should exceed five hours.
No employee should be required or allowed to work for more than five hours before he has had an interval for rest of at least one hour.
However, on a written application by the employees, the state government can reduce the interval of rest to half an hour.
Source: Bombay Shops and Establishments Act, 1948
Weekly rest days in West Bengal
For Employees at Establishments:
Every person employed in a shop or an establishment must be allowed a holiday, at least one full and one half holiday, during a week. A notice specifying the days must be displayed on the establishment premises and the days must be maintained as holidays for a year.
Source: West Bengal Shops and Establishments Act, 1963
Paid Vacation / Annual Leave
Note: Upcoming Labour Legislation in India
In 2020, the Indian Parliament combined 25 labour laws into three codes, i.e., the Social Security Code, the Code on Industrial Relations and the Code on Occupational Safety, Health and Working Conditions. Enacted in 2019, the Code on Wages also amalgamated four relevant labour laws.
The four new Labour Codes were supposed to be effective from 01 April 2021. However, considering the rise in COVID cases and the potential impact of the new Codes on per-employee costs for enterprises, the Government delayed their implementation to a future date. The Central and State Governments have been working on rules under these Codes. The new legal provisions will be effective only once notified.
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Currently Applicable Provisions
The Factories Act has provided annual/earned leave of 12 working days for all workers who have worked at least 240 days in a year. However, the duration of earned/annual leave differs for adult and young workers. An adult worker is entitled to one day of earned leave for every 20 days of service while a young worker (under the age of 15 years) is entitled to one day of earned leave for every 15 days of service. Thus, the annual leave duration is 15 working days and 20 working days for adult and young workers respectively.
Workers are paid their usual daily wage rates for the days of earned leave. A worker is paid his full daily wages during the term of annual leave. Daily wages are the average of his total full-time earnings for the day on which he actually worked during the months immediately preceding his leave, exclusive of any overtime and bonus but inclusive of dearness allowance and the cash equivalent of advantage accruing through the concessional sale to the worker of food grains and other articles.
If a worker takes four or more days' leave at a time, his wages are paid before the leave begins. The employer, the works committee and the Chief Inspector of factories determine the schedule of leaves by mutual consensus to ensure continuity of work. A worker may take all or portion of annual leave provided that he/she notifies the employer in writing at least 15 days prior to the date of availing annual leave and such request may not be refused unless it contradicts with the scheme of leave already agreed. Even when in portions, annual leave cannot be taken more than three times a year.
Annual leave may be carried over however no more than 30 days can be carried over to the next year. If the employment contract expires before a worker could take annual leave, compensation for leave is made in proportion to the number of months and numbers of hours worked in a week.
Source: §79-82 of Factories Act 1948
Non-Standard Workers' Rights on Annual Leave - Platform Workers
Most platform workers are treated as independent contractors. For employees, these issues are covered under Occupational Safety, Health and Working Conditions Code, 2019. An employee is defined under the OSH Code as "a person (other than an apprentice engaged under the Apprentices Act, 1961) employed on wages by an establishment to do any skilled, semi-skilled, unskilled, manual, operational, supervisory, managerial, administrative, technical or clerical work for hire or reward, whether the terms of employment be express or implied".
While currently, the proposed legislation is not explicitly applicable to the independent contractors of the platform economy however it allows courts to interpret the term expansively and favourably to benefit platform workers. Similar provisions are found in the Code on Social Security 2019.
Paid Vacation / Annual Leave Under State Laws
Paid Vacation/ Annual Leave in Andhra Pradesh
For Employees at Establishments:
Every employee who has served for a period of 240 days or more during a continuous period of 12 months in any establishment is entitled to leave with wages for a period of 15 days. This leave will be allowed in the subsequent 12 months. And, they may accumulate up to a maximum period of sixty days (two months).
Every employee in any shop or establishment is entitled to encashment of the leave with wages for a period of eight days in every year. They may apply in writing to the employer, at least seven full working days before the date of availing of this leave. An employee who has been allowed leave for more than 5 days can be paid their wages in advance if requested.
Every employee who has served for a period of at least 240 days during a continuous period of 12 months in any establishment is entitled to encashment of eight days of leave with wages. The wages must be paid within a week of the encashment application.
Every employee in any establishment is entitled during the first 12 months of continuous service and during every subsequent 12 months of such service to sick leave and casual leave of twelve days each.
Workers are entitled to payment for sick leave if a worker is discharged while being on sick leave due to sickness or accident.
Source: Section 30, Andhra Pradesh Shops and Establishments Act, 1988
Paid Vacation/ Annual Leave in Maharashtra
For all factory workers:
A notice of a minimum of 4 weeks is mandatory for managers to alter the date of an approved leave. With the prior approval of the manager, the workers may also exchange periods of leaves in case of emergencies.
Wages of workers who died during a leave period, and had not availed the advance payment options, would be paid to their nominees, if not, legal heirs within one month of intimation of death.
Source: Section 111 and 112, Maharashtra Factories Rules, 1963
For all workers in Beedi Establishments:
Workers in beedi establishments, who have worked for more than 240 days in an establishment, are entitled to paid annual leaves in the next year. Adults are entitled to one holiday per 20 days of work, while young persons are entitled to one holiday per 15 days of work. Employers should include the following days in calculation of the 240 days - contractual holidays, leaves under the Standing Orders, maternity purpose leaves (not exceeding 12 weeks), and untaken leaves from the previous year. Leaves not availed in the previous year may be transferred to the subsequent year. However, they cannot be more than 30 days for adults and 40 days for young persons. Annual leaves are paid at the rate of payment in the working period before the leave.
In case of termination, workers are entitled to be paid for the days of leaves that have not been availed. No untaken leaves can be considered as a part of the mandatory notice periods. Employees with approved leaves longer than 4 days (adults) and 5 days (young person) can receive advance salaries.
Source: Maharashtra Beedi and Cigar Workers (Conditions of Employment) Rules, 1968
For all workers in Shops and Commercial Establishments:
Employees at undertakings that are subject to the Shops and Establishment Act should be entitled to 8 casual leaves a year. These will be granted quarterly and will lapse at the end of the year. In addition, every worker who has worked for at least 3 months should be allowed a paid leave of a maximum of 5 days (consecutive or otherwise), for every 60 days of work. Accumulation of these leaves is permitted up to 45 days. In case of a denial of leave requests, despite a 15-day notice, workers can cash the leaves in excess of 45 days.
For instance, a worker has 45 leaves accumulated already, and they apply for a 5 day leave for a particular quarter of the year. Such that, if their application is denied, the worker cannot accumulate leaves any further. Here, it is highly probable that employers deny leaves to avoid absence and lower productivity. Thus, in such cases, workers are allowed to encash these denied leaves, even if they are in excess of 45 days.
Source: Section 18 of the Maharashtra Shops and Establishment (Regulation of Employment and Conditions of Service) Act, 2017
For all employees in Private Schools:
All employees of private schools are entitled to paid yearly leaves in October (extending up to Diwali) and Summer (starting in May). Non-permanent employees should receive the vacation salary if they worked for the majority part of the previous term, or will continue work after the vacations. If the Education Officer is convinced that a worker is terminated to avoid paying vacation salary, the employee will be entitled to wages for working days before the vacation and vacation salary.
Permanent employees are entitled to vacation salary even if they resign on the last working day before vacation. Furthermore, a permanent employee would also be entitled to the said salary, if they resign (with due notice) in the middle of the term.
Leaves in private schools cannot be claimed as a matter of right, they are discretionary. Leaves other than casual/extension should be applied for in advance, or within 7 days of the day of first absence. If not, non-permanent employees iare considered to have abandoned the position after 7 days. In such a situation, permanent employees face disciplinary action. Permanent employees are considered to have abandoned their position after 3 years of no official contact.
Casual leaves may be granted to teaching and none teaching staff, other than heads of schools, based on the orders of the State Government from time to time. Not more than two other holidays can be enjoyed in conjunction with any casual leave. The total period of casual leaves and holidays enjoyed continuously at one time cannot exceed 7 days. Except in emergent circumstances, this may be extended up to 10 days.
Other holidays prefixed or suffixed to casual leaves in more than two leaves will be treated as a part of casual leaves. Sundays and holidays interposed between two periods of casual leaves, are treated as a part of casual leaves. In such a case, even half working days such as Saturdays are treated as one whole day of leave. Casual leaves of half day can be taken by working during the other half. The Act specifies a range of special casual leaves for purposes like family planning operations etc.
Employees, who have completed a year of service, are eligible for a half pay leave of 20 days, for medical or personal affairs, apart from the casual leave. Commuted leaves (with full pay) can be taken for half the period of 20 days against a medical certificate and a cause of illness. Commutation is converting half paid leaves into full paid ones by reducing the number of leaves by half. Such leave may be granted if the employer is convinced of the employee’s return on the expiry of the same. In case of no return for whatsoever reason, the employee will be liable to pay the full wage for the extra days. Alternatively, they can deduct double the number of extra days from the half pay leaves account up to 20 days. Employees can take only 180 days of commutation leaves in the entire span of employment.
For instance, Y works at a wage of Rs. 100/ day. This way, they deserve 20 days of leave with a half pay of Rs. 50/day. Out of this, Y decides to use 8 days of half paid leaves. Instead of 8 days of half pay holidays, Y convinces their employer to allow them 4 days of leave with a full pay of Rs. 100/day. However, Y does not show up to work for 6 days. In this case, Y will have to pay the full wage of 2 days i.e., the number of extra days. Alternatively, Y can also get 4 of their half-paid leaves cancelled from the 20 allowed.
Extraordinary leaves may be granted to employees (without salary), for a period of maximum 3 months (for temporary employees) and 3 years (for permanent employees). Half paid maternity leaves may be granted for a maximum period of 90 days to employees with greater than one but less than two years of service (>1 year and <2 years of service). Workers with more than two years of employment should be granted paid maternity leaves. In case of workers with less than one year of service, extraordinary leave may be granted for maternity purposes. The said maternal leaves may continue alongside other vacations. However, maternal leaves may not be debited from other leave accounts.
Permanent employees who are unable to avail full/part vacation in a year are entitled to 30 days/proportional days of leaves at the end of the year. [_An employee, who is prevented from availing himself of the full vacation of 63 days in a year, is entitled to earned leave for 30 days. Similarly, the employee who is prevented from availing himself of 21 days out of the total vacation is entitled to earned leave for 10 days, and so on.]. _These can be accumulated to the maximum of 180 days. An employee who is not entitled to vacations will gain leaves at a rate of 1/11th of the period spent on duty. The employee will cease to earn such leave when the earned leave is accumulated up to 180 days.
Employees can encash surrendered leaves under certain conditions. Workers who have taken an earned leave for at least thirty days can surrender the balance of the leave or a part of it, up to 30 days. Any kind of leave except casual leaves may be granted in combination with any other kind of leave.
Non-permanent employees are entitled to any leave with pay other than casual and maternity leave. A non-permanent employee when appointed to a permanent post should be entitled to leave [as a permanent employee] even for the span of work done as a temporary employee. Half pay leave at the rate of 20 days for each completed year must be granted to a non-permanent employee. This is only if there is reason to believe that the employee concerned will return to duty on its expiry. Owing to the nature of their work, heads of schools are expected to have a different leave and holiday system as said in the act.
Source: Section 13 – 22, Maharashtra Employees of Private Schools (Conditions of Service) Rules, 1981
Paid Vacation/ Annual Leave in Karnataka
For Employees (including minors) at Establishments:
Every employee in an establishment is entitled to leave with wages and has the right to avail such leave for the number of days calculated at the rate of:
- one day for every twenty days of work performed by him, in case of an adult;
- one day for every fifteen days of work performed by him, in the case of a young person.
Every employee will be paid wages for each of the holidays allowed to him. For the leave period, an employee will be paid at the rate equal to the daily average of his total full-time earnings for the days on which he worked during the month immediately before his leave. This rate is exclusive of any overtime wages and bonus but inclusive of dearness allowance and the cash equivalent of the advantage collected through the sale to the employee of food grains and other articles.
Source: Section 15 of the Karnataka Shops and Commercial Establishments Act, 1961
For Daily Wage Employees:
A daily wage employee is entitled to casual leave of fifteen days and earned leave of thirty days per year.
Source: Section 4 of the Karnataka Daily Wage Employees Welfare Act, 2012
Paid Vacation/ Annual Leave in Uttar Pradesh
All workmen of an industrial establishment are entitled to the following leave and holidays with wages during a calendar year:
- Annual leave with wages as provided under the relevant law dealing with the working conditions applicable to the industrial establishment and in cases where there is no provision in this regard, the workman of that industrial establishment should be entitled to 15 days' annual leave, with wages, for every year of service given.
- Five days casual leave with full wages, but the grant of such casual leave should depend on the exigencies of work and should be at the discretion of the Manager. It may be refused only for reasons to be recorded in writing and the refusal should be communicated to the workman concerned before the beginning of the leave for which the workman applied for.
- Ten days sickness leave with full wages, if the workman is not entitled to the sickness leave benefit under the Employees State Insurance Act, 1948 (Act 34, of 1948) and the Scheme framed thereunder.
Application for leave required on medical grounds or owing to death or serious illness of any member in the workman's family or for any other urgent domestic need, the application for leave may be made on the same day.
Application for leave up to three days should be made at least twenty-four hours before the day from which the leave is required:
However, the leave requested on medical grounds or owing to death or serious illness of any member of the workman's family or any other urgent domestic can be made on the same day.
Source: Section 10, 11, U.P. Industrial Employment Model Standing Orders, 1991
A safety officer at a factory is given allowances and other benefits such as leave and bonus.
Source: Section 4, U.P. Factories (Safety Officers) Rules, 1984
Paid Vacation/ Annual Leave in Rajasthan
For Employees (including minors) at Establishments:
Every employee who has worked annually for 240 days or more in an establishment will get paid leaves in the next year at the following rates-
(i) if an adult, one day for every twelve days of work performed by him during the previous year;
(ii) if a child, one day for every fifteen days of work performed by him during the previous calendar year.
These leaves are exclusive of all holidays that come during the period of leave or at the end of the period of leave. To use this leave, the employee should give a written notice seven days prior to the period of leave. The employee can take leave for not more than six times a year. The employee is to be paid wages at the rate equal to his average wages in the previous month (excluding overtime and bonus, but including cash equivalents).
Source: Section 14 of the Rajasthan Shops and Commercial Establishments Act, 1958; Section 14 of the Rajasthan Industrial Employment (Standing Orders) Rules, 1963
Paid Vacation/ Annual Leave in Tamil Nadu
For workers in Beedi Establishments:
Workers in beedi establishments, having worked for more than 240 days in an establishment, are entitled to paid annual leaves in the subsequent year. Adults are entitled to one holiday per 20 days of work, while young persons are entitled to one holiday per 15 days of work. In calculation of the 240 days, the following leaves must be counted as working days : contractual holidays, leaves under the Standing Orders, maternity purpose leaves (not exceeding 12 weeks), and untaken leaves from the previous year. Leaves not available in the previous year may be transferred to the subsequent year not exceeding 30 days for adults and 40 days for young persons. Annual leaves are paid at the rate of payment in the working period before the leave.
In case of termination, workers are entitled to be paid extra, equivalent to the days of leaves that have not been availed. No untaken leaves can be considered as a part of the mandated notice periods. Employees with approved leaves longer than 4 days (adults) and 5 days (young person) are eligible for advance salaries.
Source: The Tamil Nadu Beedi Industrial Premises (Regulation of Conditions of Work) Act, 1958
For workers in Catering Establishments:
Catering workers having worked for more than 240 days in an establishment are entitled to paid annual leaves in the subsequent year. Adults are entitled to one holiday per 20 days of work, while young persons are entitled to one holiday per 15 days of work. In calculation of the 240 days, the following leaves must be counted as working days : contractual holidays, leaves under the Standing Orders, maternity purpose leaves (not exceeding 12 weeks), and untaken leaves from the previous year. Leaves not available in the previous year may be transferred to the subsequent year not exceeding 30 days for adults and 40 days for young persons. They are also entitled to 12 sick leaves a year, one leave per month. Annual leaves are paid at the rate of payment in the working period before the leave.
In case of termination, resignation, discharge by employer, and leaves not granted, workers are entitled to be paid extra, equivalent to the days of leaves that have not been availed. The said payment ought to be made within two days of termination, or on the due date of wage payment. No untaken leaves can be considered as a part of the mandated notice periods. Employees with approved leaves longer than 4 days (adults) and 5 days (young person) are eligible for advance salaries.
Source: Tamil Nadu Catering Establishments Act, 1958
For workers in Handlooms:
Handloom workers, having worked for more than 240 days in an establishment, are entitled to paid annual leaves in the subsequent year. Adults are entitled to one holiday per 20 days of work, while young persons are entitled to one holiday per 15 days of work. In calculation of the 240 days, the following leaves must be counted as working days : contractual holidays, leaves under the Standing Orders, maternity purpose leaves (not exceeding 12 weeks), and untaken leaves from the previous year. Leaves un-availed in the previous year may be transferred to the subsequent year not exceeding 30 days for adults and 40 days for young persons. Annual leaves are paid at the rate of payment in the working period before the leave.
In case of termination, workers are entitled to be paid extra, equivalent to the days of leaves that have not been availed. The said payment ought to be made within two days of termination. No untaken leaves can be considered as a part of the mandated notice periods. Employees with approved leaves longer than 4 days (adults) and 5 days (young person) can be paid the dues for the leave period in advance.
Source: Tamil Nadu Handloom Workers (Conditions of Employment and Miscellaneous Provisions) Act, 1981
For workers in Shops and Commercial Establishments:
For workers subject to the Shops and Establishments Act of Tamil Nadu, 12 days of sick leaves a year, one leave per month, is permitted in addition to 12 days of casual leaves in one year. These can be accumulated maximum up to 45 days.
Source: Tamil Nadu Shops and Establishments Act, 1947
Paid Vacation/ Annual leave in Gujarat
Every employee who has been employed for more than three months in any year, should be allowed leave, consecutive or otherwise, for a period of less than or up to five days for every 60 days on which he has worked during the year.
Every employee who has worked for not less than two hundred and forty days during a year should be allowed leave, consecutive or otherwise, for a period of at least twenty-one days.
Having gone on leave for a period more than twenty-one days, every employee who has accumulated leave should be entitled to surrender any period of leave, not exceeding twenty-one days; and such employee should be entitled to payment of wages for that period of leave.
In addition, every employee should be entitled to casual leave for seven days in a year with wages. Every employee should be paid for the period of their leave at a rate equivalent to the daily average of their wages for the days on which they actually worked during the preceding three months.
Every worker should be permitted to accumulate earned leave up to a maximum of sixty-three days.
Every worker who has worked for a period of two hundred and forty days or more in a shop or establishment during a calendar year should be allowed during the subsequent calendar year, leave with wages for a number of days calculated at the rate of one day for every twenty days of work performed by him during the previous calendar year.
Where the employer refuses to sanction the leave, which is due under the above subsection when applied fifteen days in advance, then the worker should have a right to encash leave in excess of sixty-three days, in two cases:
i) if the employee – being entitled to leave other than casual and festival related is fired by the employer before allowed the leave
ii) if the employee applied for the leave but got turned down, and he quits the job due to death, retirement, resignation or permanent disability, then the employer needs to pay him full wages for the period of leave.
Source: Section 35 of the Bombay Shops and Establishments Act, 1948; Section 18 of the Gujarat Shops and Establishments (Regulation of Employment and Conditions of Service) Act, 2019
Paid Vacation/ Annual Leave in West Bengal
For all factory workers:
A notice of a minimum of 2 weeks is mandatory for managers to alter the date of an approved leave. With the prior approval of the manager, the workers may also exchange periods of leaves in case of emergencies.
Wages of workers who died during a leave period, and had not availed the advance payment options, would be paid to their nominees, if not, legal heirs within one month of intimation of death.
Source: Section 92, West Bengal Factories Rules, 1958
For Employees at Establishments:
A person employed in a shop or an establishment is entitled to, for every completed year of continuous service, privilege leave on full pay for fourteen days, sick leave on half pay for fourteen days on medical certificate obtained from a medical practitioner and casual leave on full pay for ten days.
In the case of women, maternity leave in accordance with prescribed rules may be applied.
Source: West Bengal Shops and Establishments Act, 1963
Pay on Public Holidays
Workers are entitled to paid days off during Festival (public and religious) holidays. These include memorial holidays and religious holidays.
There are many festival and religious holidays in India festivals and religious holidays in India; however, only three of these are fully covered national public holidays. These are
- Republic Day (January 26)
- Independence Day (August 15)
- Mahatma Gandhi's Birthday (October 2).
At the state level, the public holidays range between 15 to 25 days per year. The public holidays are 14 in Delhi and 39 days in Sikkim.
In addition to the above national holidays, the legislation requires employers to grant a minimum of 4 festival holidays, with the specific dates determined by the Inspector in consultation with the employer and employees.
Employers must prominently display a statement showing the holidays allowed in each calendar year. Employees must be paid wages for each of the holidays allowed.
Source: §5 of the Karnataka Industrial Establishments (National and Festival Holidays) Act 1963; §5 of The Punjab Industrial Establishment (National and Festival Holidays and Casual and Sick Leave) Act 1965
Pay on Public Holidays Under State Laws
Pay on Public Holidays in Andhra Pradesh
For Employees at Establishments:
Every employee in any establishment is entitled to nine holidays in a year with wages. The days for these have to be specified by notification from time to time by the Government. These include 26th January (Republic Day), 1st May (May Day), 15th August (Independence Day), 2nd October (Gandhi Jayanthi) and 1st November (Andhra Pradesh Formation Day). Other 4 holidays have to be commonly agreed by employers and employees. On every such holiday, all the establishments must remain closed.
Employees in any residential hostel, restaurant, eating-house, theatre, or any place of public amusement or entertainment may be required to work on such a holiday. In exchange for this, they are allowed to have compensatory holidays with wages within 30 days of the actual holiday. Provided that, such compensatory holidays cannot be more than seven in a year. Workers can also choose to encash these holidays at one month’s average daily wage rate [exclusive of overtime].
Source: Section 31, 32, Andhra Pradesh Shops and Establishments Act, 1988
Pay on Public Holidays in Maharashtra
For all workers in Shops and Commercial Establishments:
Employees of organizations (that are subject to the Shops and Establishments Act) receive 8 paid festival holidays in a calendar year. Namely, 26th January, 1st May, 15th August, 2nd October, and four other holidays agreed through consultation between workers and owners. In case a worker is expected to work on any of these days, they should be entitled to wages at double the rate and a compensatory holiday.
Source: Section 18 of the Maharashtra Shops and Establishment (Regulation of Employment and Conditions of Service) Act, 2017
Pay on Public Holidays in Karnataka
For workers in Shops and Commercial Establishments:
Every employee is allowed in each calendar year, a holiday of one whole day on the 26th January, 15th August, 2nd October and five other holidays each of one whole day for such festivals as the employer may specify. Except in the case of Industrial establishments owned or controlled by the Government of India, the number of such other holidays is seven (not five) including the first day of May and first day of November. Furthermore, every employee (other than an employee in an Industrial establishment owned or controlled by the Government of India) whose name is included in the electoral roll of the constituency where such election is held, is allowed a day's paid holiday to enable him to vote on the polling day.
Section 5 of the Karnataka Industrial Establishments (National and Festival Holidays) Act, 1963
For Daily Wage Employees:
A daily wage employee is entitled to all General Holidays.
Source: Section 3 of the Karnataka Daily Wage Employees Welfare Act, 2012
Pay on Public Holidays in Uttar Pradesh
Every employee should be entitled to, and be granted, holiday with wages on every national holiday.
In spite of anything contained in any other law, contract, document, usage or practice to the contrary, if an employee is required to work, and works on a national holiday, he should be paid by the employer, twice the wages for a day.
Otherwise, the employee may seek wages for that day, and also a substituted holiday with wages falling within the next calendar month, not being a weekly holiday.
Where an employee is paid wages by the day, or at piece rates, his wages for a day payable to him under this Section, should be the daily average of his wages, to be calculated in the manner prescribed.
Sources: Section 3, U.P. Industrial Establishments (National Holidays) Act, 1961
All workmen of an industrial establishment should be entitled to eight festival holidays with full wages including three national holidays namely, Republic Day, Independence Day and Gandhi Jayanti.
Source: Section 10,U.P. Industrial Employment Model Standing Orders, 1991
Pay on Public Holidays in Rajasthan
No State laws and provisions under this topic.
Pay on Public Holidays in Tamil Nadu
For workers in Catering and Industrial Establishments:
Although provisions have been laid down for compensation of work on public and special holidays under the Tamil Nadu Catering Establishments Act, 1958 and the Tamil Nadu Industrial Establishments (National, festival and special holidays) Act, 1958, no special pay has been delineated for public holidays.
Pay on Public Holidays in Gujarat
Every employee should be entitled to a paid leave for not more than four days in a year on any of the days which the State Government, may by notification in the Official Gazette, specify to be the National and Festival holidays.
Every employee should be paid for the period of their leave at a rate equivalent to the daily average of their wages for the days on which he actually worked during the preceding three months.
A worker should be entitled to eight paid festival holidays in a calendar year, namely, the 26th January, 15th August and 2nd October and five such other festival holidays as may be agreed to between the employer and the workers before the commencement of the year. On these days, the worker should be paid wages at the rate equivalent to their ordinary rate of wages excluding overtime:
The employer may require any worker to work in the shop or establishment on all or any of these days, subject to the conditions that for such work the worker should be paid double the amount of the ordinary rate of wages and also leave on any other day in lieu of the compulsory holiday.
Source: Gujarat Shops and Establishments (Regulation of Employment and Conditions of Service) Act, 2019
Pay on Public Holidays in West Bengal
No State laws and provisions under this topic.
Weekly Rest Days
The Factories Act provides provision on weekly rest. Workers are generally entitled to at least 24 hours of weekly rest on the first day of the week, i.e., Sunday. The weekly rest period is reckoned as a paid time.
Workers may be required to work on a weekly holiday; in this case, he/she is entitled to the substitute holiday three days before or after the usual weekly holiday. Even in the case of holiday substitution, workers must be given a weekly holiday in every 10 days. If an organization is exempted from the provision related to weekly holiday and workers are not granted their weekly holidays, an equal number of compensatory holidays have to be granted within 2 months.
Source: § 52-53 of Factories Act 1948
Weekly Rest Days Under State Laws
Weekly Rest Days in Andhra Pradesh
For Employees at Establishments:
Every shop, whether with or without employees, must remain closed every Sunday which is a holiday for every employee in the shop. Provided that the Chief Inspector may notify about an alternative day for such establishments to remain close. Specific classes of shops may also be expected to remain closed for one and a half days/week upon the order of the Chief Inspector.
No deduction may be made from the wages of any employee in a shop for any full/part day on which it has remained closed. And, if such an employee is employed on the basis that they would not ordinarily receive wages for such a day, they must nonetheless be paid. Their wages should be equal to the amount earned if the shop would not have been closed. It is not lawful for the employer to call an employee and ask them to go anywhere for the shop’s work on the day of closing. Employees of establishments other than shops are subject to the same conditions. Their weekly day of rest should be mutually decided by the employers and the employees.
Source: Section 12, 19, Andhra Pradesh Shops and Establishments Act, 1988
For Motor Transport Workers:
No motor transport worker is required or allowed to work on their fixed day of rest unless they are given a substitute rest day. These have to be on one of the three days immediately before or after the said weekly rest day.
Source: Section 29, Andhra Pradesh Motor Transport Workers Rules, 1963
Weekly Rest Days in Maharashtra
For all workers in Shops and Commercial Establishments:
Employees of organizations (that are subject to the Shops and Establishments Act) are entitled to a rest for a period of a consecutive 24 hours, once in a week. Despite the same, establishments may be kept open for more than one shift. In such a case, the employee’s shift will be the discretion of the employer.
Source: Section 16 of the Maharashtra Shops and Establishment (Regulation of Employment and Conditions of Service) Act, 2017
For all workers in Beedi Establishments:
Beedi establishments should remain closed for one day in a week. This day will serve as the paid rest day for all workers. However, there is an exception for workers involved in the wetting of wrapping leaves. They ought to be compensated as per the rules laid down for compensation. These rest days are paid as per the average rate of pay for the week, excluding overtime pay.
Source: Maharashtra Beedi and Cigar Workers (Conditions of Employment) Rules, 1968
Weekly Rest Days in Karnataka
For workers in Shops and Commercial Establishments:
Every establishment must remain closed for one day of the week and every employee in an establishment must be given at least one whole day in a week as a holiday for rest. The employer must fix such a date at the beginning of the year. No deduction can be made from the wages of an employee in any establishment on account of the holiday given to a worker.
For Daily Wage Employees:
If any employee is employed on daily wages, they are nonetheless paid their wages for the weekly holiday.
Source: Section 12 of the Karnataka Shops and Commercial Establishments Act, 1961
Weekly Rest Days in Uttar Pradesh
Each building worker employed in building and other construction work should be allowed a day of rest every week known as the rest day.
This rest day must ordinarily be Sunday, but the employer may fix any other day of the week as the rest day.
However, the building worker should be informed of the day fixed as the rest day in case of any day of the week assigned as a rest day.
The employer needs to inform the worker any subsequent change in such rest day before the change is made, by display of a notice to that effect in the place of employment at the place specified by the Inspector.
No building worker employed in building or other construction work should be required or allowed to work on a rest day unless he already had or will have a substituted rest day for a whole day on one of the five days immediately before or after such rest day.
However, in the time span between five days before or after the rest day, the employer needs to ensure that the worker is not made to work without a rest day for a period of ten consecutive days.
Source: Section 40, U.P. Building and Other Construction Workers (Regulation Of Employment And Conditions Of Service) Rules, 2009
Weekly Rest Days in Rajasthan
For Minimum Wage Employees:
The employer will allow a day of rest with pay in every period of seven days (ordinarily Sunday).
Source: Section 23 of the Rajasthan Minimum Wages Rules, 1959
For workers in Shops and Commercial Establishments:
Every employee in all establishments should be given one rest day per week. This rest day should be fixed by the employer at the beginning of the year. The rest day of the employee can coincide with the day of the week when the establishment is closed. The establishment will remain closed for one day of the week (the shop should give a clear notice for the same). The establishment can hire additional workers if it wants to remain open throughout the week. On a weekly holiday or the day when the establishment is closed, the employer cannot order the worker to go to his establishment or any other place for work related to the business. No deductions will be made to the wages for these days.
Source: Section 12 of the Rajasthan Shops and Commercial Establishments Act, 1958
For Construction Workers:
Every building worker will be given one day of rest every week (commonly Sunday). Building workers should not be asked to work on their rest day. On rest days, the workers should be paid wages at the same rate as the day before such a rest day. If they willingly decide to work on a rest day, they must take a rest day in the 5 days before or after their rest day spent working. The wages for a rest day on which the worker has worked are paid according to the overtime rate.
Source: Section 61 of the Rajasthan Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Rules, 2009
Weekly Rest Days in Tamil Nadu
For construction workers:
Building and construction workers are entitled to one paid rest day per week. Usually a Sunday, the day can be changed and notified after adequate consultation and permission from authorities. In any case, no worker is allowed to work for more than 10 days at a stretch without a rest day.
Under special permissions, daily spread hours could be increased to 15 hours a day and 60 hours a week, the maximum span without a leave then being 14 days. Work done under this provision would be paid at a rate twice of the normal wages for hours done in a day, week or on rest days. A rest day entails 24 hours of uninterrupted rest, commencing at the end of the shift.
Source: Tamil Nadu Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Rules, 2006
For workers in Handloom, Catering and Beedi Establishments:
Beedi, catering and handloom establishments, are mandated to remain closed for one day in a week. This should serve as the paid rest day for all workers. In case of beedi establishments, there remains an exception for workers involved in the wetting of wrapping leaves. They ought to be compensated as per the rules laid down for compensation. These rest days are paid as per the average rate of pay for the week, excluding overtime pay.
Source: The Tamil Nadu Beedi Industrial Premises (Regulation of Conditions of Work) Act, 1958;Tamil Nadu Handloom Workers (Conditions of Employment and Miscellaneous Provisions) Act, 1981; and
Tamil Nadu Catering Establishments Act, 1958
For workers in Shops and Commercial Establishments:
For workers subject to the Shops and Establishments Act of Tamil Nadu, weekly leave entails one full day and one half-day leave in a week. No deduction must be made in the wages for these days. Even in case of a worker not being employed under an arrangement that they receive payment for the set days, they should be paid in a manner same as that of a closed day.
Source: Tamil Nadu Shops and Establishments Act, 1947
Weekly Rest Days in Gujarat
No employee should be required or allowed to work in any shop or commercial establishment for more than forty-eight hours in any week.
Every shop and commercial establishment should remain closed on one day of the week and the employer should prepare a calendar or list of such closed days.
No deduction should be made from the wages of any employee in a shop or commercial establishment on account of any day on which it has remained closed under this Section.
The period of work of an employee in a residential hotel, restaurant or eating house each day should be so fixed that no period of continuous work, should exceed five hours.
No employee should be required or allowed to work for more than five hours before he has had an interval for rest of at least one hour.
However, on a written application by the employees, the state government can reduce the interval of rest to half an hour.
The period of work of an employee in a theatre or other places of public amusement or entertainment each day should be so fixed that no period of continuous work should exceed five hours.
No employee should be required or allowed to work for more than five hours before he has had an interval for rest of at least one hour.
However, on a written application by the employees, the state government can reduce the interval of rest to half an hour.
Source: Bombay Shops and Establishments Act, 1948
Weekly rest days in West Bengal
For Employees at Establishments:
Every person employed in a shop or an establishment must be allowed a holiday, at least one full and one half holiday, during a week. A notice specifying the days must be displayed on the establishment premises and the days must be maintained as holidays for a year.
Source: West Bengal Shops and Establishments Act, 1963
