Nagarkar Vinayak L
Hr And Employee Relations Consultant
Rkn61
Hr Manager
+1 Other

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Reference to Factories Act, 1948 - If a worker was engaged/deployed at work on a weekly holiday (hereinafter referred to as the said day), then would he be entitled to compensatory off and overtime or just compensatory off?
Could I please have some clarity?

From India, Mumbai
If a person is deployed on a weekly-off day, he is entitled to avail one compensatory off day;
However, if the weekly-off day falls on a National/Festival Holiday, and if the employee has worked on that day, he shall be entitled to avail one day's wages + one compensatory off day.

From India, Aizawl
You may refer to Section 13(b) to be read with Rule 23 of the Minimum Wages Act where it is said that a person who works on a rest day can claim overtime as well as a substituted day off (compensatory off)
https://maitri.mahaonline.gov.in/pdf...s-act-1948.pdf
Going by the aforementioned reference, would it be fair to provide compensatory off for the weekly holiday as mentioned in the Factories Act without Overtime for working on the said day?
Hours of work related to daily working are mentioned in Minimum Wages and Factories Act. So is overtime.
Which provision should apply?

From India, Mumbai
Dear colleague,
The provisions under MW Act apply to certain employments given in the schedule to the Act. But FA will universally apply to all specified activities and conditions of manufacturing process, use of power or no power and number of workers etc as specified therein.
As far as your query is concerned, you should comply with the provisions of FA/State rules which requires you only to give substituted off within next 3 days as no consecutive working of 10 days without a day's off is permitted except for maintenance workers.
This substituted comp off is without OT unless National/Festival holiday coincides with the 'said day' for which position is clarified by the learned friend
Regards,
Vinayak Nagarkar
HR and Employee Relations Consultant

From India, Mumbai
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