Weekly Off - Discripencies
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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?


Regards
Santhosh
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.


Regards,

Shreekanth.P.R
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.
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.

Regards,
R.N.Khola
Skylark Associates, Gurgaon (Haryana)
Labour Law Consultants (m) +91 9810405361
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.
We are into selling financial products. So which one will be an apt act for us. H.O at delhi & self work at Bangalore.
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.




Quote:
Originally Posted by missusanthosh View Post
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?


Regards
Santhosh
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.
Hafiz
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.

R.N.KHOLA
Skylark Associates, Gurgaon (Haryana)

(Labour Law Consultants)(M)09810405361
www.skylarkassociates.com/
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.

Regards,

Madhu.T.K



 
 
 
 






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