Understanding Sec. 52 of the Factories Act: When Should Workers Get Their Substitute Day Off?

Hello, As per Sec. 52 of the Factories Act, a substitute off should be given on the 10th or 11th day in case the worker works on a weekly off day.

Weekly Holiday Guidelines

The weekly holiday should be given on any day before an employee works for more than ten days continuously. The off day should be any day before the 11th day from the last off day. This means that if April 14th, Sunday, was a weekly off for him, and due to business exigencies, he was asked to work on the next weekly off day, i.e., the 21st of April, then he should be allowed a holiday at least by the 25th of April.

Yes, it is to be given within 3 days before or after the day he was asked to work despite being on a weekly off.

The concept of 10 days

Including the weekly off when he was asked to work, no worker can be allowed to work for 10 days or more without a break. This includes seven days of the week plus two additional days. On the 3rd day, he must receive his compensatory off.

If I have correctly interpreted, while Mr. Madhu's opinion suggests that the weekly off is +3 days, Mr. Banerjee opines the weekly off is +2 days working. Needs more elaboration.

Section 52 Interpretation

Section 52 states that an adult should have a holiday for a whole day on one of the three days immediately before or after the said day. This means we will have to give the weekly off on the third day, that is on the 24th of April, as suggested by Mr. Banerjee.

However, if we consider the last part of Section 52 (I), which states, "Provided that no substitution shall be made which will result in any worker working for more than ten days consecutively without a holiday for a whole day," it implies that a weekly off can be given on the 4th day, i.e., on the 25th, as suggested by Mr. Madhu.

Needs more debate on the interpretation.

Regards,

Yes, Mr. Kamlesh, you are right. He can work for 10 days, so the compensatory off can be given on the 4th day after the weekly off he has missed.

Impact of a Paid Festival Holiday

Just wondering then, what happens if there was (say) a paid festival holiday in the middle. It would then mean the compensatory holiday need not be given within that time. The section talks of "holiday for a whole day" and not specifically weekly off.

Sorry if the topic is diverted, but as Mr. Kamlesh says, a bit of debate on the topic will be good.