(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.
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 .
Dear all, Please pose questions but mention the context too.
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,
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.
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,