Can We Legally Combine Weekly Offs with Diwali Holidays in Our Factory? Seeking Advice from Legal Experts

In my factory, the union (on behalf of the majority of workmen) is requesting us to run the factory continuously for 20 days so that they can accumulate their weekly off and avail the weekly off along with the forthcoming Diwali holidays. They are also prepared to forward their written request to the Management as well as to the Labour Department.

We are aware that as per FA-48, we are required to provide a weekly off within 10 days. Additionally, the Management is interested in combining weekly offs with Diwali holidays to monitor absenteeism after the festival.

My question is, can we do this? If yes, under which rule of the relevant act, and to which enforcement authority do we need to inform? Legal experts, kindly advise.

Regards,
JITEN

Dear,

I would suggest that this is the mutual understanding between you and your employees. If you are taking their input in writing, then that's great work. However, you are still waiting for others' replies. I did the same in my organization.

Thanks,
Prashant

Dear Prashant,

Thank you for your response. Could you please inform me of the necessary actions you are going to take to implement the decision? Seniors, kindly suggest.

Thank you.

Dear Friend,

Your query certainly contravenes the Factories Act. Even if you go to seek permission from the factory inspector, you will not obtain any authorization to do so. The Union in your company is aware of this and is dangling this carrot in front of you to act and make a mistake. Therefore, do not fall into this trap.

The best solution in this case would be to handle each case on an individual basis. By doing so, you will not violate the rule, and you can still grant the day off if the supervisor or Department head of the concerned workers approves the leave.

The above is my opinion, and you can adjust your strategy based on it accordingly.

Regards,

Dear Dhameja,

I do respect Ajsaheeb's reply. As per the act, it is correct, and the union may try to take advantage of the situation. Presently, I do not have a trade union. We have an internal union that operates under Management, so I could handle this. If it is difficult to do, then don't do it as it may create problems for the organization.

Thank you,
Prashant

Dear Dhameja,

You cannot contravene provisions of Sec52 of the Factories Act. What I can suggest is: First, see how many workers will not have a weekly off on the respective days. They all need to be given one day off, so try to prepone their weekly off (you can always do that as the Factories Act doesn't stop you from that, but you have to inform the authorities for the same) in a fashion that all those have leave on the day after Diwali. This way, you will not be contravening the provisions of the act.

Greetings,

I have a query.

An employee was given a raise in terms of position and pay. His new profile was shown as 'Acting' and not confirmed for 3 months. He had not taken his weekly off on his own accord; he wasn't requested by the company in writing or verbally. He chose to resign within a month of his raise. Now, he is demanding his weekly offs even for the past month where he was asked to take his offs but didn't. Also, he has resigned from his new position where he was not confirmed, and the company has rejected the claim to his new position since he didn't complete even one month.

What can be done in the same case?

Thank you

Since the company had not reached any agreement on the weekly offs' payment, you can avoid him and give him a strong written legal notice reiterating the management's position. However, rejecting the individual for the new position within the company is incorrect. Even though the person had not completed a month, the company itself had raised the position and salary.

Please let me know if you need any further assistance.

The employee had finished his probationary period of 6 months and had shown good performance in the past 6 months.

After the probationary period, he was given his position and a salary increase, but the employee decided to forgo it within a month.

One person has a salary of Rs. 3000 per month. How do you calculate the daily wage, divided by 26 or 30?