Labour Laws Consultants
Officer Hr At Western Refrigeration Pvt.
(1) No adult worker shall be required or allowed to work in a factory on first day of the week, unless-
(a) he has or will have a holiday for whole day on one of three days immediately before or after the said day.
So any day can be a weekly off.
23rd July 2016 From India, Jamshedpur
As and when any change is taken place, the same should be reported accordingly.
P K Sharma
23rd July 2016 From India, Delhi
As per your query- for your shift and weekly off , you have to take the approval from the concern authority for your shift ( how many shift you will run in your factory) and for weekly off. and its must be displayed on your factory gate also. whenever there is changes then same should be inform to concern dept.
Second As per Section 52 of the Act states that no adult worker shall be required or allowed to work in a factory on the first day of the week i.e. weekly holiday. Section 53 of the Act ,further, states that if the worker is deprived of any of the weekly holidays for which provision is made in Section 52, he shall be allowed, with in the month in which the holidays were due to him or with in the two months immediately following that month , compensatory holidays of equal number to the holidays so lost. Section 55 of the Act lays down that the periods of work of adult workers in a factory each day shall be so fixed that no worker shall work for more than 5 hours before he has had an interval for rest of at least half an hour. The Chief Inspector of Factories can exempt any factory from this provision so however that the total number of hours worked by a worker without an interval does not exceed six.
or you cab give him overtime for that day .
23rd July 2016 From India, Rudarpur
Dear all, Please pose questions but mention the context too.
24th July 2016 From India, Mumbai
we have plan for 2 shift in production 9 AM to 6 PM and 9 PM To 6 AM however workers are allowed to do 3 Hour OT and work even on weekly off, pls tell weather is it fair to work even on weekly off and allow the workers for 3 hour OT because section 56 of factory act. restrict the hour of OT,
24th July 2016 From India, Jaipur
To answer your question, both in a legal and conventional way, very few information you have given us. Even so, I try to answer your query.
1. Whether your factory runs 24x7, then there is no question of a common weekly off day. There will be a rotational weekly off days to group of workers (called staggered weekly Off Days)
2. If you are working 6 days in a week, you can have any day as your common weekly off.
In both the cases, you are not supposed to take permission of Factory Inspector, but you have to notify him.
3. Normally, common weekly off day is decided on the basis of the local customs,usage, bazaar day or the day on which electric supply is generally shut-down. For example, in Pune, Maharashtra, Thursday is a weekly common off day. Hence, if you decide some other day as weekly holiday in Pune, it may not work. You will have to fix the weekly off day as per the prevalent practice in your factory area.
I hope this will clear your questions.
24th July 2016 From India, Kolhapur
yes we are running factory 24*7 sunday is weekly off workers can work even on sunday as per their wish however we are running only shift each of 8 hours and workers are allowed to do OT maximum 3 hours... my query is....
(1) is it fair to allow the workers even on weekly off,
(2) is it fair to allow the workers to do 3 hours OT every day,
25th July 2016 From India, Jaipur
25th July 2016 From India, Mumbai
I have simple query. As per factories act workers shall work for 9 hours in day for 6 days this means he will work for 54 hours in week and law restricted to work for 48 hours in week for in next section.
Does it create confusion.
Please clear me
25th July 2016 From India, Pune
As per Factories Act, Any employee is not allowed to work on the first day of the week. And as per the act, beyond 48 hrs in a week is not allowed, hence the first day of the week is a weekly off.
Based on factory the management is encouraged to work on sunday i.e first day of the week also, in this case who has worked on sunday will have holiday for a whole day one of the three days immediately before or after the sunday.
Management has to write a letter to inspector of factories by mentioning his intention to require the worker to work on sunday and which is to be substituted as per their company policies.
Management is also responsible to display a notice to get aware of his employees.
Once you can refer the Factories act for more information.
For other information please contact us.
Opp. SRI MAYURI FUNCTION HALL,
BESIDE KANISHKA DHABA,
Mobile No. 7330 333565
25th July 2016 From India, Hyderabad