missusanthosh Started The Discussion:
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?
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.
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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.
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..."
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.
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