Can Probationary Employees Get a Day Off if They Work Sundays? Seeking Clarity

Dear Seniors, I would sincerely appreciate your help in clarifying the following: Our company is covered under the Shops & Establishment Act. As per the HR policy, during the six-month probation period, one is not eligible for any leave. However, in the eventuality that an individual (who is on probation) has to work on a Sunday as well, does it become mandatory to give him/her a compensatory off for the same? Can an employee be made to work continuously without any time off?

Thank you for your prompt response.

Regards, JS

Compensatory Off for Employees Under Probation

The company's policy cannot be contrary to the Bombay Shops Act, which does not exclude an employee under probation from the benefits under the Act. Therefore, an employee, whether under probation or not, is entitled to compensatory off if called to work on a holiday.

Regards,
B. Saikumar
HR & Labour Law Advisor
Mumbai