Does the National/General Holiday considered as a holiday in compliance with 10 days of continuous working as per sub-section (1) of section 52 of the Factories Act, 1948?
Yes, it can be considered because the above-mentioned section states that workers should not work more than ten days consecutively without a whole day off. However, the employer has to provide a compensatory holiday for a worker who did not get a weekly off due to working on that particular day (Sunday).
The original rule is that every person will be given a weekly off after every 6 days of work. In case he works on that weekly off, he would be entitled to a compensatory off within 3 days before or after the weekly off. The presence of a national holiday in the middle does not entitle you to deny the weekly off.
The second rule is actually a clarification of the above that you cannot have someone work for more than 10 days without a break.
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