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slamba_009
7

Dear Senior & friends
Under Section 52 of Factory Act, one should have a holiday for a whole day on one of the three days immediately before or after the Weekly off. My query is that supposed Mr. A has worked on Weekly off i.e. on Sunday & he supposed to take holiday within 3 days i.e. Wednesday but on Tuesday, there is a public holiday. In that case, whether he or she can take the rest on some other day in place of Wednesday. Please clarify on the above.

From India, Mumbai
Madhu.T.K
4193

Section 52 only states that one who is not given a weekly holiday due to any reason should be given a whole day of rest within 3 days of denying such weekly holiday. Therefore, if the second or third day is a holiday to the company, that day will be treated as his rest day.
The above chemistry applies only in the case of casual daily rated workers and not in the case of regular workers. For regular workers, the day he remained on leave will be considered as day worked for all the purposes including continuous work and as such if he works on a scheduled weekly holiday, he will be entitled to double the rate of wages.
Madhu.T.K

From India, Kannur
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