Umakanthan53
Labour Law & Hr Consultant
Bhartiya Akhil
Freelancer

I am an HR in a retail company, I have some questions related to the weekly off of the retail store staff which are as follows:

• In this pandemic time, my retail stores operate only three days a week based on the approval of the local authority, thus stores are open 12 days in a month. In this situation, how many days weekly off would we provide to our employees when they would be present 12 days a month in the store as an alternate day basis?

• If stores are open for 30 days in a month, but due to very little revenue from the business, we offer duty roster to our employee as an alternate day thus employee is present 3 or 4 days in a week. Please suggest for this situation also, how many days weekly off will we provide to our employees when they are present 15 days a month in the store on an alternate day basis?

From India, Delhi
Dear Mr. Murari, If your establishment is registered under Delhi Shops & Establishments Act, then the weekly off days will be governed by this Act. You can refer detailed query for my legal opinion.
From India, Faridabad
Dear Mr. Shobhit,
Thank you for replying to my question.
My stores are operating in 6 different states - Uttar Pradesh, Bihar, West Bengal, Assam and Jharkhand hence all the stores are registered under respective state’s Shops & Establishments Act.
But store operational criteria is as raised earlier.
Thanks & Regards
Murari M.
9871636550

From India, Delhi
Dear Murari,

Literally weekly-off in employment parlance means the day of rest allowed to an employee in a week as per the contract of employment and its scale and entitlement to wages may be dependent upon the provisions of the establishment-specific labor law applicable. But the present restrictions imposed on the normal functioning of the industrial establishments irrespective of their category or classification is an extraordinary regulatory measure under the DMA Act,2005. Assuming that all your retail outlets spread across different States are covered by the State's Shops and Establishments Act, there would be a minimum weekly-off of one day with wages.Hence the days of weekly-off automatically merge with the days of non-employment with wages as per the advisories of the Central Govt. If the answer you expect is that you need not pay wages for the weekly off since the employees do not work the required no of days during the week, certainly it would be an emphatic "NO" only as the situation is not due to any fault on the employees.

The provisions of LAY-OFF under the ID Act,1947 are applicable only in respect of factories, mines and plantations so defined under the respective Acts. However, if there is an agreement between your management and the employees for lay-off or your contract of employment provides specifically for lay off, of course, no compensation for weekly off days.

From India, Salem
Dear Murari-M-Hr,
While appreciating the response of Umakanthan Sir, I would like to add as under:
You have a dispute with your company as to the payment of weekly off or as to payment during lock-down. You need to settle it with your company amicably.
H'ble SC has directed in an interim order in WP filed by M/s. Ficus Pax and others, to settle the dispute amicably amongst the employees during the lock-down and and given certain guidelines for it. You can avail this opportunity.

From India, Mumbai
Dear Umakanthan Sir,
Thank you for your valuable suggestion.
Sir, refer to my above questions related to the weekly off of the retail store staff, i am going to apply following criteria for assigning weekly off.
1.No work no pay.
2.Weekly off assigned on continues working 5 or 6 days.
3.Maximum no. of working days are equal to store operational days.
4.Checked continues working days on weekly basis and assigned weekly off as per labor laws( one weekly off on continues working 5 or 6 days).
5.If employees are present 240 days in entire year is equivalent to a year hence as per cal- 240/12 = 20/4= 5 days.
6. we are going to process monthly salary based on present days including weekly off.
Sir , Would request to suggest if any.
Thanks & Regards
Murari M
9871636550

From India, Delhi
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