Please help me to understand , how many public Holidays are compulsory in Karnataka out of the given general list(Karnataka Holidays List for 2024)? And if employer has written in employee agreements that (leave policy as per general Karnataka public holidays list ) , shall employer modify employee agreements also now ,if customizing holidays is possible, or employer can simply officiate Customized holidays by official notification.
Hi Rayees,
As per the Karnataka Industrial Establishments (National and Festival Holidays) Act, 1963, Section 3:-
Grant of National and festival Holidays.—(1) Every employee shall be 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, from out of the list of festivals specified in the Schedule appended to this Act in consultation with the trade unions or in the absence of any trade union in consultation with the employees or their authorised representatives in such manner as may be prescribed:
Provided that except in the case of Industrial establishments owned or controlled by the Government of India, the number of such other holidays shall be seven including first day of May and first day of November.
(2) Whenever there is any disagreement between the employer and employees or the trade Unions concerned as to the festivals to be allowed as holidays during each calendar year the employer or the employees of the concerned Trade Union shall refer the dispute to the Inspector, having jurisdiction over the area in which the Industrial establishment is situated, for his decision and his decision shall be final.
Where the organization comes under the purview of Industrial Employment (Standing Orders), the changes will be as per the Standing Order & Rules.
Regards,
Bhuvana Anand
Thank you very much Bhuvana_Anand. I appreciate your time taken to leave a helping comment.
We are into IT, and we are in Bangalore, could you be more precise please, how many total (compulsory) holidays we have to have for employees in total. Or if i understood well , it is around 8 in total, right ?As you mentioned above i quote,’ 26th January, 15th August, 2nd October and five other holidays each of one whole day for such festivals as the employer may specify.’
Thanks again
Hi Rayees,
Yes, you understood it right. Generally, it will be around 5 national and 5 festival holidays. Other than the 26 Jan, 15 Aug, and 02 Oct, each State / UT may have any additional State recognized holiday (for e.g. in Karnataka 01 Nov - Kannada Rajyotsava), and 01 May taken into account as the Labour Day.
These are the minimal set of holidays considered and the employers can add more as required.
Regards,
Bhuvana Anand
Thank you very much Dear Bhuvana, Much appreciated. Have a great day.
Most welcome and we are happy to support, Rayees.
Have a great day!
Regards,
Bhuvana Anand
Hi @Bhuvana_Anand !
I hope things are going very well. I am up with another short by important query!))))
On Paper we have maternity leave of 26 weeks or 180 days and is paid in full.
But in practical how does it go in India on ground?
Please apprise.
Rayees
Hi Rayees,
India is reasonably progressing with this beneficial legislation.
The judicial trends highlight a progressive stance towards protecting and extending maternity benefits, reflecting an evolving perspective on gender equality and welfare in the workplace and educational settings.
Here’s a closer look at the implications of each trend:
- Maternity Benefits for Female Students: The ruling that female students cannot be denied maternity benefits or participation in exams due to pregnancy represents a significant shift. It ensures that education remains accessible and uninterrupted for female students, recognizing their right to both education and maternity.
- Prospective Legislation for Extended Maternity Benefits: The trend indicating that new, extended maternity benefits only apply prospectively highlights a limitation in applying enhanced protections retroactively. It underscores the need for legislative foresight and clarity to protect all eligible individuals equitably.
- Welfare Legislation and Technicalities: The courts’ stance that welfare benefits should not be withheld based on technicalities or interpretation promotes fairness, ensuring that welfare provisions fulfill their intended protective role without unnecessary administrative obstacles.
- Restrictions for Government Servants: In cases where service rules limit maternity benefits, government servants may be restricted from certain entitlements, underscoring a gap where uniform maternity rights across different employment sectors could be examined and potentially standardized.
- Seniority and Maternity Leave: By ruling that a female employee’s seniority should remain unaffected by maternity leave, the judiciary reinforces protections against career setbacks for women due to maternity, supporting long-term professional growth and stability.
These trends collectively encourage broader application and understanding of maternity benefits across diverse areas, promoting equitable treatment of women in both educational and employment settings. They also spotlight areas where legislative amendments could provide clearer and more comprehensive protection for women’s maternity rights.
In the case of Dr. Kavita Yadav v. Secretary, Ministry of Health and Family Welfare (2023), the Supreme Court of India addressed the entitlement of maternity benefits for a contractual employee whose contract ended during her maternity leave.
Key points from the ruling include:
- Maternity Benefits Beyond Contract Duration: The Court held that maternity benefits under the Maternity Benefit Act, 1961, extend beyond the term of contractual employment if the employee qualifies under the Act. This means that once maternity benefits are triggered, they are not confined to the contract period.
- Interpretation of “Discharge”: The Court interpreted “discharge” under Section 12(2)(a) of the Act to include termination at the end of a contract period. Consequently, the Act’s protection against dismissal applies to contractual employees, preventing employers from ending maternity benefits by simply not renewing a contract.
- Entitlement Based on Eligibility Criteria: As per Section 5(2), once an employee meets the criteria for maternity benefits (such as working 80 days in the 12 months preceding delivery), she is entitled to the benefits even if her contract expires during the maternity leave period.
- Legislative Overriding Effect: Section 27 of the Act states that the provisions of the Maternity Benefit Act take precedence over any contract or employment terms that are inconsistent with it. Thus, the Act’s protections for maternity benefits override contractual limitations on employment duration.
- Ruling Outcome: The Supreme Court reversed the decisions of the Central Administrative Tribunal and the High Court, directing the employer to provide the full maternity benefits, as specified in the Maternity Benefit Act, 1961, to Dr. Yadav.
This ruling strengthens the protections for contractual employees under the Maternity Benefit Act by ensuring that maternity benefits continue even if the contractual period ends during maternity leave​.
Regards,
Bhuvana Anand
Maternity_Benefit_Act (including the amendments).pdf (104.8 KB)
the_maternity_benefit_amendment_act2017_-clarifications.pdf (470.4 KB)
Delhi HC grants maternity benefits to contractual employee whose contract ended during pregnancy| SCC Blog.
Delhi HC upholds maternity benefits of contractual employee; Imposes costs on employer| SCC Times