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hemant-nadgauda
Hello, As per Sec. 52 of the Factories Act, substitute off should be given on the 10th or 11th day in case the worker works on a weekly off day?
From India, Pune
Madhu.T.K
4210

The weekly holiday should be given any day before he will work for more than ten days continuously. The off day should be any day before 11th day from the last off day. That means, if April 14th, Sunday, was a weekly off for him, and due to business exigencies he was asked to work on the next weekly off day, ie, 21st April, then he should be allowed holiday at least on 25th April.
From India, Kannur
saswatabanerjee
2385

Yes, it is to be given within 3 days before or after the day he was asked to work in spite of being on weekly off.
The concept of 10 days is that including the weekly off when he was asked to work, no worker can be allowed to work for 10 days or more without a break. 7 days of the week plus 2 days more. on the 3rd day, he has to get his compensatory off.

From India, Mumbai
kamlesh111
10

If I have correctly interpreted, while Mr Madhu's opinion says that weekly off + 3 days, Mr Banerjee opines Weekly off + 2 days working. Needs more elaboration.

Section 52 says the adult should have a holiday for a whole day on one of the three days immediately before or after the said day. It means we will have to give the weekly off on the third day that is on the 24th April as suggested by Mr Banerjee.

But if we go to the last part of Section 52 (I) which says that "Provided that no substitution shall be made which will result in any worker working for more than ten days consecutively without a holiday for a whole day" it means he can be given weekly off on 4th day i.e. on 25th as suggested by Mr. Madhu.

Needs more debate on the interpretation.

Regards,

From India, Delhi
saswatabanerjee
2385

Yes, Mr. Kamlesh, you are right.
He can work for 10 days, so the compensatory off can be given on the 4th day after the weekly off he has missed.
Just wondering then, what happens if there was (say) a paid festival holiday in the middle. It would then mean the compensatory holiday need not be given within that time. The section talks of "holiday for a whole day" and not specifically weekly off

Sorry if the topic is diverted, but as Mr. Kamlesh says, a bit of debate on the topic will be good

From India, Mumbai
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