Hi all, I have a query regarding employee entitled off days. In our institution (a hospital registered under the Societies Registration Act 1860, which, if I'm not mistaken, comes under the Shops and Commercial Act), an employee is entitled to one day off for every six days of work. However, if an employee applies for leave for 1, 2, or 3 days or more during that week, are they still allowed to take their entitled Sunday off? Since they have not met the requirement of completing 6 days of work, could you please clarify what the labor law states on this matter? Looking forward to your reply.
Regards, Rekha
From India, Palampur
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Regards, Rekha
From India, Palampur
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Dear Rekha, First, ascertain whether the State Shops & Establishment Act and Minimum Wages Act, 1948 are applicable to your hospital. Then, review the provisions relating to employees' weekly off day in a week under both Acts and Rules for eligibility.
Regards,
R.N. Khola
(Labour Law Consultants)
From India, Delhi
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422Regards,
R.N. Khola
(Labour Law Consultants)
From India, Delhi
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Purpose of a Weekly Off
What is the purpose of a weekly off? Why don't people work all 365 days? For every act or rule, there is a concept behind it, do you agree? When a person works for 6 days, they need a break and rest. On the rest day, they relax and get energized, coming back after the holiday refreshed, thus keeping themselves more productive, right? This is the spirit behind providing a weekly off.
In terms of the Factories Act, to enjoy one's weekly off, he/she must have worked for a minimum of 3 days in a week. This seems logical because a person who works less than 3 days will not become fatigued and stressed; hence, a weekly off need not be granted to them. In my opinion, this makes sense.
Similarly, this logic can be applied in your institution as well. Regarding the Shops and Establishments Act, I have not found any rule stating whether this concept can or cannot be applied. Others can shed some light on this.
Regards,
Balaji
From India, Madras
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What is the purpose of a weekly off? Why don't people work all 365 days? For every act or rule, there is a concept behind it, do you agree? When a person works for 6 days, they need a break and rest. On the rest day, they relax and get energized, coming back after the holiday refreshed, thus keeping themselves more productive, right? This is the spirit behind providing a weekly off.
In terms of the Factories Act, to enjoy one's weekly off, he/she must have worked for a minimum of 3 days in a week. This seems logical because a person who works less than 3 days will not become fatigued and stressed; hence, a weekly off need not be granted to them. In my opinion, this makes sense.
Similarly, this logic can be applied in your institution as well. Regarding the Shops and Establishments Act, I have not found any rule stating whether this concept can or cannot be applied. Others can shed some light on this.
Regards,
Balaji
From India, Madras
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Dear Rekha, Please clarify whether you are referring to temporary, casual/contractual employees, or permanent employees. You need to allow one day off weekly after working for six days for casual/contractual employees. Please refer to your leave rules in your manual for confirmed employees. They do not need to work on a weekly basis if they have leave balance and it is granted.
Thanks,
Manish S Joshi
From India, New Delhi
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Thanks,
Manish S Joshi
From India, New Delhi
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The answer to the query raised will depend on the wording used in the relevant sections of the Shops and Establishments Act applicable to the hospital. Without reviewing these sections, it is not possible to provide a correct answer. However, if minimum wages have been fixed for employment in hospitals in your state, then the minimum wages notification also needs to be considered. I fully agree with the views expressed by Mr. R.N. Khola.
With regards,
From India, Madras
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With regards,
From India, Madras
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Understanding Leave and Weekly Offs
Leave and weekly off are two different things under any enactment. Paid leaves should be treated as days worked for any subsequent treatment regarding eligibility for earned leaves, gratuity, maternity leaves, or bonus. Moreover, while an employee is availing a leave, they are utilizing their leaves to their credit. Therefore, there is no meaning in saying that an employee who was on leave during a week should not be given their weekly off for that week. The provision in the law that one day of rest after every six days of work should not be interpreted by its literal meaning. Otherwise, there will be flexible off days, which will be a tough task for HR to manage.
Regards,
Madhu.T.K
From India, Kannur
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Leave and weekly off are two different things under any enactment. Paid leaves should be treated as days worked for any subsequent treatment regarding eligibility for earned leaves, gratuity, maternity leaves, or bonus. Moreover, while an employee is availing a leave, they are utilizing their leaves to their credit. Therefore, there is no meaning in saying that an employee who was on leave during a week should not be given their weekly off for that week. The provision in the law that one day of rest after every six days of work should not be interpreted by its literal meaning. Otherwise, there will be flexible off days, which will be a tough task for HR to manage.
Regards,
Madhu.T.K
From India, Kannur
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Unanswered Question on Weekly Off Entitlement
What is your original "question" which remains unanswered? I hope the question was about the entitlement of a weekly off for an employee who remained on leave for one or two days in a week, and the answer to that question was given.
Regards,
Madhu.T.K
From India, Kannur
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What is your original "question" which remains unanswered? I hope the question was about the entitlement of a weekly off for an employee who remained on leave for one or two days in a week, and the answer to that question was given.
Regards,
Madhu.T.K
From India, Kannur
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Legal Clarification on Absconding Employee, Contract Labour Engagement & Leave Entitlement Ammen.pdf