Weekly Holiday Eligibility

Sir,
we have been employing workers on daily wages basis for contineously for more than 3 years, but not paying weekly off. But we pay double ot if they are ask to come for work and we also pay public holiday. For workers who are working for 6 days should get paid weekly off?
Is The rule of 240 days in a year applicable to them to become permanent workmen?
If so which act i have to refer? Any notification towards such applicability?

If you are calculating the wages @ 26 day /month no need to Weekly off because by 26 days calculation it is compensated.
240 days is not criteria for become permanent ( subject to job done should not be core activity or of perennial of nature )
Hope this will help you.

Dear Mr.Ingle
Thank you for reply.
In our company union members are stressing since they have been working for more than 2 years regularly, they say they are deemed permanent, hence should get paid weekly off like permanent staff.

Dear Sir,
If the contract workers are working for more than 02 years & still if they are working means the work is of perennial nature , right ?
Then why don't you engage permanent workmen there?

Dear Sir,,
Thank for your reply. Being regular with us, we are paying them PF,ESIC, Annual Leave upto 20 days, Gratuity. What else we can pay them beside these benefits as per govt rule. What are the rights of permanent workmen. Can we not pay the daily wages ( maintaining the minimum wages act on every updates) to these workers on regular basis ( till their tenure)
What is basis a daily wage worker become permanent? How permanent workmen differentiate from daily wage worker
Kindly advise us
Thanks
RN Kumar

Dear Mr.Kumar,
Refer to your query, if any employee has worked more than 240 days of work in an establishment or 180 days of work in a mine (under cost) including Absence for Temporary Disablement due to met with an accident, maternity in a case of female employee for 90 days, strike and Lock out which was not illegal on the part of employee and excludes weekly off's and holidays in a calender year comes under the part of continuous employment under Sec 79 & 80 under Factories Act -1948 and also Sec 25 (b) of ID Act -1947 Rules. It apprehends the continuity for an employee for permanent.
As per above provision we can engage labour on daily wage basis which works carried by us on casual/intermittent/perennial nature.
The statutory Obligations has also fulfilled by the employer even though engaged on daily basis. we will also cover them under PF,ESI, Gratuity Acts.
Regards
V R RAO PULIPAKA

Dear Mr.Rao,,
Thanks for your apt reply. So it is understood that what we are doing is correct and we can continue paying the permanent workers on daily wages and comply with pf/esic/pt/gratuity/bonus/annual leave /yearly 10 holidays.
thanks once again
RNKUMAR

• Do you have any permanent workers and are you treating them anyway differently than these daily-waged workers. If there is a difference then obviously daily-waged workers will long for and ask for those benefits drawn by permanent workers and going by the details given by you you can not have two different categories of workers.

• However, daily-waged workers can be permanent workers. What it means is permanent workers can be paid wages on per day basis.

hum contract work pe kam karte 2 saal ka contract hai he hafte me ek din ki chhuti milti hai daily wage ke hisab se hame sirf 26 dinka vetan milta hai to kya hame weekly off ka vetan nahi mil sakta