KK!HR
Management Consultancy
Srinath Sai Ram
Hr Manager
Deepakmpradhan
Consultancy

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Dear friends.... need suggestions for a holiday given on 5th March and is it possible to work on 25th March-A Sunday as a "COMPENSATORY WORKING DAY" for the leave given under Factories Act. Will Inspector of Factories accept the Sunday Working Letter.... Ganesh
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Dear Anamika,
What Holiday you had given on 05/03/2018? you have mentioned that said Holiday is under The Factories Act? Please elaborate
you have asked is it possible to work on 25th March-Please clarify for which year?
Dear Anamika,
As per my knowledge COMPENSATORY OFF i.e. Holiday to be given if he/she already worked any Holiday. This is as per mutual understanding of the management & employee.
It looks incredulous that on 12th April, a query is raised whether in lieu of holiday on 5th
March can a working day be declared on 25th March as per Factories Act.
Now to get the legal position in this regard, substitution of weekly off is provided under Sections 52 of the Factory Act. Section 52 provides that the weekly off can be substituted with any day within three days immediately before or after the said day (i.e. weekly off day) That obviously is not the case, though the process contemplates only a notice to be given to the Factory Inspector and a notice is displayed to this effect in the factory. For the proposed change in the weekly off, exemption from Section 52 is needed and the Chief Inspector of Factories has the power on the ground that exemption is required to enable the factory to deal with exceptional pressure of work. Such exemption is granted subject to the provisions in sub-section 3 thereof subject to the condition that the substituted compensatory holiday is given within the next two months of substitution (Section 53).
Now coming to the query, at this point can it be considered? This requires prior sanction, post facto approval may not be so easy to come. So also an already declared festival holiday cannot be converted to be a substituted holiday. Moreover the conversion of 25th into a working day will attract OT liability as there will be 56 hours working in the week unless you have given some other holiday during the week.
One can do so but have to inform the appropriate authority(Factory & labour) before adopting. The establishment need to reason out the authority for which change of holiday opted. The appropriate authority issues some guidelines with go ahead note. There after the management gives a circular in regard to cahnge of Holiday.
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