How Should We Handle Weekly Offs for Retail Staff During Pandemic and Low Revenue Times?

I am an HR in a retail company, and I have some questions related to the weekly off for the retail store staff, which are as follows:

Weekly Off During Pandemic Operations

In this pandemic time, my retail stores operate only three days a week based on the approval of the local authority, thus stores are open 12 days a month. In this situation, how many days of weekly off should we provide to our employees when they are present 12 days a month in the store on an alternate day basis?

Weekly Off with Reduced Revenue Operations

If stores are open for 30 days a month, but due to very little revenue from the business, we offer a duty roster to our employees on an alternate day basis, resulting in employees being present 3 or 4 days a week. Please suggest how many days of weekly off we should provide to our employees when they are present 15 days a month in the store on an alternate day basis.

If your establishment is registered under the Delhi Shops & Establishments Act, then the weekly off days will be governed by this Act. You can refer to a detailed query for my legal opinion.

Dear Murari, literally, a weekly off in employment parlance means the day of rest allowed to an employee in a week as per the contract of employment. Its scale and entitlement to wages may be dependent upon the provisions of the establishment-specific labor law applicable. The present restrictions imposed on the normal functioning of industrial establishments, irrespective of their category or classification, are an extraordinary regulatory measure under the DMA Act, 2005. Assuming that all your retail outlets spread across different states are covered by the State's Shops and Establishments Act, there would be a minimum weekly off of one day with wages. Hence, the days of weekly off automatically merge with the days of non-employment with wages as per the advisories of the Central Govt. If the answer you expect is that you need not pay wages for the weekly off since the employees do not work the required number of days during the week, certainly it would be an emphatic "NO" only as the situation is not due to any fault on the employees.

The provisions of LAY-OFF under the ID Act, 1947 are applicable only in respect of factories, mines, and plantations as defined under the respective Acts. However, if there is an agreement between your management and the employees for lay-off, or your contract of employment specifically provides for layoff, of course, no compensation for weekly off days.

Thank you.

While appreciating the response of Umakanthan Sir, I would like to add the following:

You have a dispute with your company regarding the payment of the weekly off or payment during the lockdown. It is important to settle this matter amicably with your company. The Honorable Supreme Court has issued an interim order in the Writ Petition filed by M/s. Ficus Pax and others, directing the employees to resolve disputes amicably during the lockdown. Certain guidelines have been provided for this purpose. You can take advantage of this opportunity.

Thank you.

Thank you for your valuable suggestion. Referring to my above questions related to the weekly off of the retail store staff, I am going to apply the following criteria for assigning the weekly off:

1. No work, no pay.
2. Weekly off assigned after continuous working for 5 or 6 days.
3. The maximum number of working days is equal to the store's operational days.
4. Check continuous working days on a weekly basis and assign the weekly off as per labor laws (one weekly off after continuous working for 5 or 6 days).
5. If employees are present for 240 days in the entire year, it is equivalent to a year. Hence, as per calculation - 240/12 = 20/4 = 5 days.
6. We are going to process monthly salary based on present days including the weekly off.

I would request you to suggest if any.

Thanks & Regards,

Murari M

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