Is It Legal for Factory Managers to Call Workers on Their Day Off? Understanding the Factories Act 1948

dee win
I read section 52 (Weekly holidays) of the Factories Act, 1948. But I did not get a specific idea for this topic: "If the factory manager opens the industry on a weekly off and calls for duty to any worker or staff employee." Is this right or wrong as per the act?

In this topic, please suggest to me which specific Act and Section are applicable for: "Factory Manager needs to take approval from the Labour Department before 3 days with a valid reason and compensate within 3 days."
Rajesh Kumar Dubey
Dear Dee,

Please review your state's Industrial Establishment National Holiday Act, which has specific provisions for the grant of holidays, procedures for payment, and factory operations. Furthermore, if the employer engages workers on a national holiday, all employees should be paid double wages for that day. However, there are no provisions regarding seeking approval for plant operations before or at least three days prior.

Thank you.
Ramesan.pt
The answer to the first question is "NO." You can indeed open the factory and work on the weekly off. Regarding permission for working on a holiday, section 53 provides some information, and state rules are clearer on giving further directions in this regard. Some state rules specify that you need to submit workers' willingness and the reason for depriving a weekly rest, along with the intended compensatory off, to the local authority before proceeding further.

Hope this clarification addresses your query.
psdhingra
Weekly off does not necessarily mean the factory is closed for all purposes. Weekly off is related to the workers who work for 6 days a week. If called to work, the workers can be given an alternative day off or paid overtime.
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