missusanthosh Started The Discussion:
Dear All,

I have a query on weekly off.

a. Is it mandatory to give an Weekly off, according to India's Labour Act?

b. If so, can you please attach / guide me to find the clause, so that i can present it to my management to support my arguement.

c. Can we have the weekly off on any of the days in a week?

Posted 16th September 2010 From India, Coimbatore
Dear Santosh,

a) An Establishment/company is required to remain closed for at-least one day of the week Sec 3 of the Weekly Holydays Act,1942

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

B)Its mandatory to give weekly off; link - http://india.gov.in/allimpfrms/allacts/1765.pdf

C) Yes you can have weekly off on any of the days of the week specified by the employer. And the employer should not change the policy of giving the weekly off often. Once in 3 months he can change the weekly off policy.


Posted 16th September 2010 From India, Mumbai
According to the Labour law an employee needs to complete 48 working hours in a week. Now that is done in 5 days or 6 days is the companies preview. Normally these days everyone has Saturdays off.

Still i would like to know in which type of the industry you are.
Posted 17th September 2010 From India, Mumbai
Dear Santhosh,

In my view we do not have any Act in the name of 'India's Labour Act'.It is considered that You want to know/find out Acts & Rules relating to grant of weekly off day & therefore, first enlist various labour laws & then go through them to finalize which are applicable to your establishment. Then go through the index under applicable Acts & Rules to find out the applicability of weekly off day. We have to go through Central & State enactments. State Shops & Establishment Act, The Minimum wages Act, 1948, The Factories Act, 1948, etc. have provisions relating to grant of weekly off day to employees/ workmen. Therefore first decide the applicability of the Act & then go through weekly off day provision in that applicable Act & Rules for your query.

Skylark Associates, Gurgaon (Haryana)
Labour Law Consultants (m) +91 9810405361
Posted 17th September 2010 From India, Delhi
agree with Mr. Khola. First we should go through the act which applicable to our org. we can find the rules under that particular act.
Posted 17th September 2010 From India, New Delhi
We are into selling financial products. So which one will be an apt act for us. H.O at delhi & self work at Bangalore.
Posted 18th September 2010 From India, Coimbatore
Dear missusanthosh

With ref. to your query; I wonder why you need the specific Act to convince your management about "weekly off" !!

Do you or your management think that employees are suppose to work seven-days-a-week all their life ??

All labour acts are based on common-sense and the need to provide suitable remuneration/compensation, fulfill safety and social needs etc. I think without the intervention of these Acts, companies like yours would not have any qualms or limits in exploiting employees.

At least, that is the impression one gets when someone asks "Is it mandatory to give an Weekly off..."

Warm regards.

P.S. : Looking into the information given you, your organization would be covered under the relevant Shops and Establishment Act in your state; and need to follow other applicable Acts as well; such as the Employees' Provident Funds and Miscellaneous Provisions Act, 1952; Payment of Gratuity Act, 1972; Maternity Benefit Act, 1961; Employees' State Insurance Act, 1948; etc. etc.

Kindly note that ignorance of the Law is never considered a valid excuse.

Posted 19th September 2010 From India, Delhi
Dear All,
I have a query - about Weekly- Off ?
( The establishment is covered under the Motor Transport Workers Act. - about Drivers & Conductors ).
1. If off is cancelled, when can the employee eligible for compensatory off ? - within a) 3 days b) 10 days c) One month, d) two months.
2. If employee remain absent / on leave for 2 days or more, can the weekly off automatically gets changed.
In the light of Factories Act & MTW Act provisions please clarify.
Thanks & warm regards.
Posted 27th April 2011 From India, Kochi
Dear Santhosh,

Applicability of grant of weekly off day & other relating query can be replied only after deciding the applicability of the enactment on the establishment & therefore first decide which of the Act is applicable in your case such as State Shops & Establishment Act,Minimum Wages Act, Factories Act, The Plantation Labour Act etc. & thereafter go through the provision relating to grant of weekly off day in that Act.

Skylark Associates, Gurgaon (Haryana)

(Labour Law Consultants)(M)09810405361
Posted 27th April 2011 From India, Delhi
Under all basic Acts meant for the welfare, health and safety of workmen such as Factories Act (applicable to Factories or establishments where a manufacturing activity is carried out), Plantations Labour Act (applicable to Plantations) Mines Act (applicable to Mines) or Shops and Commercial Establishments Act (applicable for establishment other than factories, mines or plantations) the provision relating weekly off remains the same, and that is every employee should be given one day of rest of 24 hours after every six days of work. When the weekly off shall fall is purely an operational arrangement of the respective establishment and, therefore, it need not be the same for all the workers.


Posted 27th April 2011 From India, Kannur
Dear all, Please guide me about weekly off is applicable for monthly rated employees(worker)?? We should pay them weekly off?? If there is any rule in factory act please convey me. Regards Vishal
Posted 20th December 2012 From India, Mumbai
Dear All,

Even I too have a similar opinion, but still if there is some statute that will help as a support. I am working with an electricity company in Orissa where the nature of business is public utility, so please suggest what will be supporting agreements.

Posted 11th September 2013 From India, Cuttack

Dear Sir,

i want to know/find out Acts & Rules relating to grant of weekly off day if a employees is absent or on leave 6day in a week than he is eligible to grant weekly off at 7th day .or in the both case we can deduct his salary of one day.
Posted 17th September 2014 From India
hi all

if a employee is working with a Pvt. ltd and he is on leave / absent for 6 days than he is eligible to get weekly off on Sunday and we can deduct his one day salary in both case

please guide me

thanks and regards
Posted 20th September 2014 From India


Found This Useful? +Vote Up This Via Google.  

Why Vote? User validation is extremely important for good content to prosper.
Disclaimer: This network and the advice provided in good faith by our members only facilitates as a direction towards the actions necessary. The advice should be validated by proper consultation with a certified professional. The network or the members providing advice cannot be held liable for any consequences, under any circumstances.

About Us - Advertise - Contact Us - RSS   On Google+  
Copyright 2016 Cite.Communities (CiteHR.Com) User contributions are owned by the contributor.
Privacy Policy | Disclaimer | Terms Of Service
Facebook Page | Follow Us On Twitter | Linkedin Network