Understanding Weekly Offs in India: What Does the Labour Act Really Require?

Dear All, I have a query on the weekly off.

Weekly Off Queries

- Is it mandatory to give a weekly off according to India's Labour Act?
- If so, can you please attach/guide me to find the clause so that I can present it to my management to support my argument?
- Can we have the weekly off on any of the days in a week?

Thank you.

An establishment/company is required to remain closed for at least one day of the week as per Section 3 of the Weekly Holidays Act, 1942. Information Technology establishments, Information Technology enabling services or establishments, Bio-Technology and Research Centres, along with certain other establishments, are exempt from the provisions of Weekly Holidays as stated in Sections 3(2)(q), (r), and (s) of The Karnataka Shops and Commercial Establishments Act, 1961.

It is mandatory to provide a weekly off, and you can find more information at this link: http://india.gov.in <link updated to site home>.

Yes, you can have a weekly off on any of the days of the week specified by the employer. The employer should not frequently change the policy of giving the weekly off. However, once in three months, he can alter the weekly off policy.

Regards,
Shreekanth.P.R

According to the labor law, an employee needs to complete 48 working hours in a week. Whether this is accomplished in 5 days or 6 days is at the company's discretion. Typically, most people have Saturdays off.

I am curious to know in which type of industry you are currently working.

Dear Santhosh, In my view, we do not have any Act named 'India's Labour Act.' It seems you want to know about Acts & Rules relating to the grant of a weekly off day. Therefore, first, enlist various labor laws and then go through them to determine which are applicable to your establishment. Then, review the index under applicable Acts & Rules to find out the applicability of a weekly off day. We have to consider both Central and State enactments. The State Shops and Establishment Act, The Minimum Wages Act, 1948, The Factories Act, 1948, etc., have provisions relating to the grant of a weekly off day to employees/workmen. Therefore, first decide the applicability of the Act and then go through the weekly off day provision in that applicable Act and Rules for your query.

Regards,
R.N.Khola

I agree with Mr. Khola. First, we should go through the act which is applicable to our organization. We can find the rules under that particular act.

Dear Miss Santhosh,

With reference to your query, I wonder why you need the specific Act to convince your management about a "weekly off"! Do you or your management think that employees are supposed to work seven days a week all their life?

All labor acts are based on common sense and the need to provide suitable remuneration/compensation, fulfill safety and social needs, etc. I think without the intervention of these Acts, companies like yours would not have any qualms or limits in exploiting employees. At least, that is the impression one gets when someone asks, "Is it mandatory to give a weekly off..."

Warm regards.

P.S.: Looking into the information you provided, your organization would be covered under the relevant Shops and Establishment Act in your state and need to follow other applicable Acts as well, such as the Employees' Provident Funds and Miscellaneous Provisions Act, 1952; Payment of Gratuity Act, 1972; Maternity Benefit Act, 1961; Employees' State Insurance Act, 1948; etc. Kindly note that ignorance of the law is never considered a valid excuse.

Query Regarding Weekly Off Under Motor Transport Workers Act

I have a query regarding the weekly off. The establishment is covered under the Motor Transport Workers Act, specifically concerning Drivers & Conductors.

1. If the off is cancelled, when can the employee become eligible for a compensatory off?
- a) Within 3 days
- b) 10 days
- c) One month
- d) Two months

2. If an employee remains absent or on leave for 2 days or more, can the weekly off automatically change? Please clarify considering the provisions of the Factories Act and MTW Act.

Thanks and warm regards,
Hafiz

The applicability of the grant of a weekly off day and other related queries can be answered only after determining the applicability of the relevant enactment on the establishment. Therefore, first decide which Act is applicable in your case, such as the State Shops and Establishment Act, Minimum Wages Act, Factories Act, The Plantation Labour Act, etc., and then review the provisions related to the grant of a weekly off day in that Act.

Regards,
R.N.KHOLA

Under all basic Acts meant for the welfare, health, and safety of workmen, such as the Factories Act (applicable to factories or establishments where a manufacturing activity is carried out), Plantations Labour Act (applicable to plantations), Mines Act (applicable to mines), or Shops and Commercial Establishments Act (applicable for establishments other than factories, mines, or plantations), the provision relating to the weekly off remains the same. Every employee should be given one day of rest for 24 hours after every six days of work. When the weekly off shall fall is purely an operational arrangement of the respective establishment, and therefore, it need not be the same for all the workers.

Regards,
Madhu.T.K

Please guide me on whether weekly offs are applicable for monthly-rated employees (workers). Should we pay them for their weekly offs? If there are any rules in the Factory Act, please inform me.

Regards,
Vishal

Even I too have a similar opinion, but still, if there is some statute that will help as a support, please let me know. I am working with an electricity company in Orissa where the nature of business is public utility, so please suggest what will be supporting agreements.

Regards,
Faisal

Dear Sir, I want to know/find out about the Acts and Rules relating to the grant of a weekly off day. If an employee is absent or on leave for 6 days in a week, is he eligible for the grant of a weekly off on the 7th day? Or in both cases, can we deduct his salary for one day?

Hi all,

If an employee is working with a Pvt. Ltd. and is on leave/absent for 6 days, is he eligible to get a weekly off on Sunday, and can we deduct his one day's salary in both cases? Please guide me.

Thanks and regards,

Dear All,

I have a query regarding weekly off. Some organizations don't provide a weekly off (Sunday) to their workers if they don't work on Saturday and Monday. Is it legal?

Thank you.

Referring to the Factory Act, there is a clause mentioned that under certain conditions, we can extend the continuous working days up to 10 days. Is there a similar option available in the Shop and Establishment Act?

Urgent guidance is required. Kindly assist.

Pardeep Kumar

Every employee needs to work 8 hours a day. Every employee is eligible for a week off after completing 48 hours of work, which is calculated as (hours * days = 48). For example, 8 hours * 6 days = 48 hours. Automatically, on the 7th day, they are eligible for a week off. Every employee needs to give rest to their body.

Thanks and Regards,

Raju Kondeti
HR Manager

Refer to Rule 23 (Weekly day of rest) of Minimum Wages (Central) Rules 1950. All queries will be resolved.

Regards,
Sumit Garg

Dear Sir,

If an employee continues on leave from Monday to Saturday, will he be eligible for a weekly off or not?

Regards,
Sandeep Sharma

Dear sir,

I have a doubt: one employee took leave or was absent from his duty in an automobile workshop from Monday to Thursday or Friday and is availing the weekly off on Sunday. I have learned that anyone who works less than three days in a week is not eligible to avail the weekly off. Is that correct?

Kindly clarify this doubt.

Thank you.

Hi All,

I have a query about the weekly off. My company is giving me a week off on the 9th day of work and changing my week off every week. They are saying that there is no such HR policy of a week off every 7 days. Can you please help me? What can I do better to solve this?

Thanks

A worker in our paper mill was called for an appointment as an Assistant Storekeeper. He was under trial for 7 days, and after the trial, his salary was not finalized, so he quit the job. Now, he is asking for payment for the 7 days. I would like to request guidance on whether any holidays and weekly offs should be given to this worker.

Weekly Off for Factory Workers

Secondly, I also want to know about the weekly off to be given to our factory workers. Some of them are staying two to three days a week, and my new GM is insisting that I provide them with a weekly off. I have explained to him that this is not possible and goes against the established rules. Please guide me on the rules regarding whether a weekly off can be allowed for workers who stay two to three days a week or not.