Weekly Offs in Different Establishments
Weekly off is not a matter to be decided over a month but should be decided every week. An employee who has not worked for 6 days need not be given a weekly off. But by employing that employee on a weekly off day, what do you get? In establishments that operate 7 days a week, like hospitals, hotels, and logistics companies, where employees have different weekly offs or staggered weekly offs, an employee can be asked to work on their scheduled weekly off day if they were on leave without pay on any preceding day. However, in such a scenario, they should be given a weekly off after working continuously for 10 days.
Fixed Weekly Offs and Wage Calculations
In the case of establishments with a fixed weekly off, such as Sunday being the weekly off, an employee absent without pay on Wednesday may lose their weekly off for that week. When the daily rate of wages is calculated by dividing monthly wages by 26, there is an opportunity for the payment of wages on weekly off days. Similarly, for monthly-rated employees who are paid for 30/31 days, the weekly off is also considered paid days. It is assumed that the employee is in 'service' on weekly off days as well. The day on which the employee was on leave without pay is considered 'absent from work,' for which wages for the day are deducted as permitted under the Payment of Wages Act. When that deduction is made, further deducting for weekly off non-entitlement is illegal.
The thread starter, Arunjockim, is requested to provide additional information so that we can offer further guidance on the matter.