Madhu.T.K
Industrial Relations And Labour Laws
R.N.Khola
Labour Laws & Ir
Exiafsergeant
Personnel & Industrial Relations
V. Balaji
Ir & Hr
+1 Other

Hi all,
I have a query regarding employee entitled off day. In our institution(Hospital registered under the Societies Registration Act 1860 which i'm not mistaken comes under Shops and Commercial Act), an employee is entitled to one day off for every six days of work. However, if an employee applies for leave for 1,2 or 3 days or more during that week, is he/she still allowed to take their entitled Sunday off ? As he/she has not fit the bill of completing 6 days of work. May i know what does the Labour law states on that?
Looking forward to your reply.
Yours sincerely,
Rekha

From India, Palampur
Dear Rekha,
First see whether State Shops & Establishment Act & Minimum Wages Act, 1948 are applicable to your hospital & then go through provisions relating to employees weekly off day in a week under both the Acts & Rules for its eligibility.
R.N.KHOLA

(Labour Law Consultants)


From India, Delhi
What is the purpose of weekly off? Why not people work on all 365 days? For every Act or rule, there is a concept behind it, due you agree?
When a person worked for 6 days, he needs a break and rest. On the rest day, he relaxes and get energised and comes back after the holiday afresh, so that he keeps himself more productive, right? And this is the spirit behind providing weekly off.
As far as factories Act, to enjoy ones weekly off, he/she must have worked for minimum 3 days in a week. this seems to be logic. why because, a person who worked less than 3 days, will not become fatigue and stressful and hence weekly off need not be granted to him. In my opnion this speaks sense.
Similar way, this logic can be applied in your instituion too. As far as Shops and Establishments Act, I have not found any rule whether this concept CAN BE APPLIED or CANNOT BE APPLIED.
Others can throw some light on this.
Balaji

From India, Madras
Dear Rekha,
Please clarify whether you are referring to Temporary or Casual/Contractual employees or permanent employees. You need to allow one day weekly off after working of 6 days for casual/contractual employees. Please check for your leave rules in your Manual as far as confirmed employees are concerned. They need not to serve on weekly basis if they have leave to their balance and is granted.
Thanks,
Manish S Joshi

From India, New Delhi
Dear Dr.Paul
The answer to the query raised will depend on the wordings used in the relevant sectons of the Shops and Establishments Act applicable to the hospital. Without going through the sections it is not possible to give a correct answer. However, if minimum wages have been fixed for employment in hospitals in your State, then the minimum wages notification also has to be seen. I fully agree with the views expressed by Mr.R.N.Khola.
With regards

From India, Madras
Leave and weekly off are two different things under any enactment. Paid leaves should be treated as days worked for any subsequent treatment with regard to eligibility for earned leaves, gratuity, maternity leaves or bonus. Moreover, while an employee is availing a leave he is utilising his leaves to his credit and therefore, there is no meaning in saying that an employee who was on leave during a week should not be given his weekly off for that week. The provision in the law that one day of rest after every six days of work should not be interpreted by its literary meaning. Otherwise, there will be flexible off days which will be a tough task for the HR to manage.
Regards,
Madhu.T.K

From India, Kannur
What is your original "q" which is remaining unanswered? I hope the question was entitlement of weekly off for an employee who remained on leave for one or two days in a week and the answer to that question was given.
Regards,
Madhu.T.K

From India, Kannur
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