Understanding Compensatory Off and Overtime for Holiday Work Under the Factories Act: What Are Workers Entitled To?

Reference to Factories Act, 1948

If a worker was engaged/deployed at work on a weekly holiday (hereinafter referred to as the said day), would he be entitled to compensatory off and overtime, or just compensatory off?

Could I please have some clarity?

Compensatory Off for Working on Weekly-Off Day

If a person is deployed on a weekly-off day, they are entitled to avail one compensatory off day. However, if the weekly-off day falls on a National/Festival Holiday, and if the employee has worked on that day, they shall be entitled to avail one day's wages plus one compensatory off day.

You may refer to Section 13(b) to be read with Rule 23 of the Minimum Wages Act, where it is stated that a person who works on a rest day can claim overtime as well as a substituted day off (compensatory off). https://maitri.mahaonline.gov.in/pdf...s-act-1948.pdf

Going by the aforementioned reference, would it be fair to provide compensatory off for the weekly holiday as mentioned in the Factories Act without overtime for working on the said day?

Hours of Work and Overtime Provisions

Hours of work related to daily working are mentioned in the Minimum Wages and Factories Act. So is overtime. Which provision should apply?

The provisions under the MW Act apply to certain employments listed in the schedule to the Act. However, the FA will universally apply to all specified activities and conditions of the manufacturing process, whether power is used or not, and the number of workers, as specified therein.

As far as your query is concerned, you should comply with the provisions of the FA/State rules, which require you to provide a substituted off within the next 3 days, as no consecutive working of 10 days without a day's off is permitted except for maintenance workers. This substituted comp off is without OT unless a National/Festival holiday coincides with the 'said day,' for which the position is clarified by the learned friend.

Regards, Vinayak Nagarkar HR and Employee Relations Consultant