Can We Legally Change Our Factory's Weekly Off to Staggered Days Under the Factories Act?

I want to know that we are a factory manufacturing auto components. We observe Sunday as the weekly off. Can we call some of our employees on Sunday as a normal working day and give them staggered off? We are a unionized factory, and for more than 25 years, we have been giving Sunday as the weekly off to all our employees working in the factory. If we change their weekly off and give them staggered off, will it be legally correct and covered under which section of the Factories Act, 1948?

You can start staggering weekly off, but has your union agreed to this? Is it really required to do so? Is there any real customer pressure to do so?

Mandatory Weekly Day Off Under the Act

A day off in a week is mandatory under the Act, and it need not be on Sunday itself; it can be any day within 7 days. You can change your leave policy as per the requirement; that is not a problem under the law. However, you must also keep in mind that it must not result in discrimination against employees compared to others. It has to be applied to all equally, or it must depend on batches, and notice of such changes shall be given to those batches of employees clearly, mentioning whether such a change is temporary or permanent.

If it is suitable for you, then you may also ask the employees to volunteer or make it a compulsory change. If you want only a few employees, then it has to be temporary as well as for a specific and important purpose. For more details, you may refer to the laws.

There is no issue in calling any worker on Sunday (weekly off) based on work requirements. The union has no right to interfere in this matter because it is the duty of the management representative to assign work as per the production schedule. However, the weekly off should be given to workers within the 10th day, i.e., no worker should go without a weekly off for more than 10 days, as per the Factories Act, 1948.

Trade Union Involvement in Notice Period Changes

Trade unions can interfere by demanding the notice period and also oppose if that does not apply to all employees as a whole. If they can prove the change brings no good results, it is crucial to always inform through the trade unions to maintain amicable relationships.

Importance of Understanding Over Authority

The question is important, not about the rights, but about understanding. Therefore, do not impose anything with authority; instead, use your authority or management skills to involve them in decision-making so that they volunteer for the purpose, especially for these kinds of small matters.

Intimacy and Transparency

Always strive to be aware of something called "intimacy and transparency," as this can help avoid more than 50% of problems.

Engaging Workers on Sundays

Nothing against the law in engaging workers on Sundays. They shall be given a day off on another day within 3 days before or after the Sunday. Total weekly hours shall not exceed 48. Section 9A of the ID Act must be complied with.

Regards,
Varghese Mathew
Labor/HR Consultant
TVM
[Phone Number Removed For Privacy Reasons]

Suggestion for Changing Weekly Off Day

The suggestion given by Mr. Mahew is partly correct. You have to inform the change in the weekly off day to the Factory Inspector and get his approval and permission. If you have a union in your factory, have an agreement with the union to implement the change if the change is of a permanent nature.

Regards,
Avinash Kanoray
HR Consult
[Phone Number Removed For Privacy Reasons]