Regd: leave policy for ites companies
Mohana Sundaram
(Querist) 16 December 2014
This query is : Resolved
Dear Sir,
I am really happy to get back to you. I have a big doubt. We are an ITES company based out of Tamilnadu.
I would like to know about the exemption act that an ITES companies have in Tamilnadu. Especially with regards to Govt. holiday do we have any recent amendment related to this. If so kindly share this at the earliest. We are US based company so we would like to list out the holidays list to our employees.
I would request someone of you to look into this and respond back at the earliest.
Thanks & Regards
Mohan
Devajyoti Barman
(Expert) 16 December 2014
Under NI Act the govt. of india on every year declares list of holidays. Refer to that list.
Rajendra K Goyal
(Expert) 16 December 2014
local law / guidelines involved, consult local lawyer.
ajay sethi
(Expert) 16 December 2014
All companies and establishments in Tamil Nadu are governed by TNNational and Festival Holidays Act 1958.
As per section 3 of the Act –Grant of National and Festival Holidays – Every employee shall be allowed ineach calendar year a holiday for (1) Jan-26 : Republic Day (2) May-1 :May day (3) Aug-15 : Independence day (4) Oct-2 : Gandhi Jayanthi and five moreholidays for festivals (so totalling 9 holidays in a calendar year).
However, any employee may berequired by an employer to work on any holiday allowed under above section (3)- Section 5 (2)(a).
In such cases :·
Section 5 (2)(a)(i) – give anadvance notice to employees, 24 hours before·
Section 5 (2)(a)(ii) – give anadvance notice to inspector of labour office, 24 hours before and alsodisplay it in the notice board·
Section 5 (2)(b) – give twice thewages for employees on such holidays.·
IT Companies - As per TNICT Policy 2008 and earlier IT Polies and TN Govt GO Ms No 95 (No II(2)/LE/638/2003), Governor of TN has exempted Information Technology establishmentsin TN from the provisions of Section (5)(2) (a) (i) and (ii).
This means for ITCompanies (IT, ITES, BPO, KPO), there is no need for serving notices toemployees and serving notice to labour office inspector for holiday work, when a IT company decides to work on any holiday.
Mohana Sundaram
(Querist) 16 December 2014
Dear Sir,
Thanks a lot for all your response.
Ajay Sir: Could you please share the copy of amendment which you shared here.
T. Kalaiselvan, Advocate
(Expert) 23 December 2014
Very properly explained and advised by expert Mr. Ajay Sethi on the subject. For copies of the said ruling, you may search yourself from the link provided. The expert has not mentioned about any amendment, he has given the reference of the governing GO of the state government.
