Dear All Please clarify whether do we have to pay a day’s wages for trainees / temporaries, etc. on "Weekly Off day" when we pay their wages on monthly basis. Regards Ravichandran M
From India, Madras
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1From India, Madras
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If an employee, whether temporary or permanent, is employed for six days continuously, they are entitled to one weekly off, which shall be paid as per the law.
Regards,
B. Saikumar
HR & Labour Law Advisor
Mumbai
From India, Mumbai
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Regards,
B. Saikumar
HR & Labour Law Advisor
Mumbai
From India, Mumbai
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Understanding Weekly Off Day Wages Under the Factories Act
Please see section 52 of the Factories Act. It states that no adult worker shall be required or allowed to work on the first day of the week. In other words, every adult worker should have a weekly holiday. However, the Factories Act does not specify that the weekly holiday must be with wages. This issue becomes relevant when considering deducting wages for unpaid leave. Therefore, when calculating the daily wage of a monthly-rated and paid employee in a factory, the monthly rate should be divided by 26, not by 30 or 31.
The principle behind this calculation is that even though the worker is monthly rated, they are entitled to rest for a day in a week and cannot be expected to work every day of the month. Regarding entitlement to wages for the weekly rest or day off, the Factories Act does not impose a statutory obligation to pay wages for the weekly holiday.
State-Specific Legislation: Shops and Establishments Act
In the case of the Shops and Establishments Act, there is no single Act with nationwide applicability. Each State has enacted separate legislation governing the working conditions of employees in shops and establishments. It is necessary to refer to the specific Act of each State to determine if there is a legal requirement to pay wages for the weekly day off.
For instance, in Tamil Nadu, the Tamil Nadu Shops and Establishments Act mandates that employers should not deduct wages for granting a weekly holiday to workers. Therefore, employees in shops and establishments in Tamil Nadu are entitled to a weekly day off with wages. The Shops and Establishments Acts of other States need to be reviewed to ascertain the provisions in each State.
Regards
From India, Madras
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Please see section 52 of the Factories Act. It states that no adult worker shall be required or allowed to work on the first day of the week. In other words, every adult worker should have a weekly holiday. However, the Factories Act does not specify that the weekly holiday must be with wages. This issue becomes relevant when considering deducting wages for unpaid leave. Therefore, when calculating the daily wage of a monthly-rated and paid employee in a factory, the monthly rate should be divided by 26, not by 30 or 31.
The principle behind this calculation is that even though the worker is monthly rated, they are entitled to rest for a day in a week and cannot be expected to work every day of the month. Regarding entitlement to wages for the weekly rest or day off, the Factories Act does not impose a statutory obligation to pay wages for the weekly holiday.
State-Specific Legislation: Shops and Establishments Act
In the case of the Shops and Establishments Act, there is no single Act with nationwide applicability. Each State has enacted separate legislation governing the working conditions of employees in shops and establishments. It is necessary to refer to the specific Act of each State to determine if there is a legal requirement to pay wages for the weekly day off.
For instance, in Tamil Nadu, the Tamil Nadu Shops and Establishments Act mandates that employers should not deduct wages for granting a weekly holiday to workers. Therefore, employees in shops and establishments in Tamil Nadu are entitled to a weekly day off with wages. The Shops and Establishments Acts of other States need to be reviewed to ascertain the provisions in each State.
Regards
From India, Madras
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Entitlement of Temporary Employees to Wages on Weekly Holidays
Your query is whether a temporary employee paid on a monthly basis is entitled to wages on a weekly holiday. I am not going into the issue of whether they are entitled to a weekly holiday, as it is an admitted fact.
In my view, a temporary worker paid on a monthly basis is entitled to wages on a weekly holiday. In this context, I refer to Sec. 54 of the Factories Act, which states that no worker shall be allowed to work for more than 48 hours per week, which works out to 8 hours per day for six days in a week. A week, as per Sec. 2(g), means seven days starting from Sunday. It therefore means if a worker puts in 48 hours in six days, they are deemed to have worked for seven days and accordingly need to be paid on the seventh day also. Thus, Sec. 52 contains an inherent 'deeming' clause, casting an obligation on the employer to pay wages to a worker on a weekly holiday.
This view finds support from the provisions of another section, namely section 59 of the Factories Act. Sec. 59 states that if a worker works for more than 48 hours a week, they shall be entitled to overtime at the rate of twice the ordinary wages, i.e., 1 normal wage + 1 extra wage. Thus, if you require a temporary worker to work on a Sunday, which thus exceeds 48 hours a week, you need to pay them overtime at the rate of twice the ordinary wages. If no wages are payable to a worker on a weekly holiday, they should have been paid a single wage only for working on a weekly holiday as in the case of any other working day. But you have to pay double the ordinary wage.
This apart, a worker may very well want to work for all seven days in a week and earn wages for all seven days. By not paying them wages on a weekly holiday and at the same time not allowing them to work on the said day, the employer will be forcibly depriving them of their livelihood in violation of Article 20 of the Constitution, thus rendering their action amounting to a layoff for which wages become payable under the Industrial Disputes Act also. Thus, the payment of wages is envisaged under labor laws where the employee is rested at the instance of the employer.
The concept of a weekly holiday is incorporated in the Factories Act and the Shops Act as a welfare measure to enable a worker who toils with a hammer and sickle for six days, needs rest at least for one day to recuperate and be ready for another six days of strain. The reason for paying them wages on a weekly holiday is to prevent them from going to work again for earning wages, as their means of livelihood is too frugal to sustain them and their family. Thus, how can a welfare legislation like the Factories Act deny payment of wages to a poor worker on a weekly holiday?
Therefore, a conjoint reading of the above sections and the welfare nature of the Factories Act affirms that a temporary worker who is paid wages on a monthly basis is entitled to a paid weekly holiday under Sec. 52 of the Act. The weekly holidays shall also be paid holidays for the same reasons under the Shops Act.
Regards,
B. Saikumar
HR & Labour Law Advisor
Mumbai
From India, Mumbai
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Your query is whether a temporary employee paid on a monthly basis is entitled to wages on a weekly holiday. I am not going into the issue of whether they are entitled to a weekly holiday, as it is an admitted fact.
In my view, a temporary worker paid on a monthly basis is entitled to wages on a weekly holiday. In this context, I refer to Sec. 54 of the Factories Act, which states that no worker shall be allowed to work for more than 48 hours per week, which works out to 8 hours per day for six days in a week. A week, as per Sec. 2(g), means seven days starting from Sunday. It therefore means if a worker puts in 48 hours in six days, they are deemed to have worked for seven days and accordingly need to be paid on the seventh day also. Thus, Sec. 52 contains an inherent 'deeming' clause, casting an obligation on the employer to pay wages to a worker on a weekly holiday.
This view finds support from the provisions of another section, namely section 59 of the Factories Act. Sec. 59 states that if a worker works for more than 48 hours a week, they shall be entitled to overtime at the rate of twice the ordinary wages, i.e., 1 normal wage + 1 extra wage. Thus, if you require a temporary worker to work on a Sunday, which thus exceeds 48 hours a week, you need to pay them overtime at the rate of twice the ordinary wages. If no wages are payable to a worker on a weekly holiday, they should have been paid a single wage only for working on a weekly holiday as in the case of any other working day. But you have to pay double the ordinary wage.
This apart, a worker may very well want to work for all seven days in a week and earn wages for all seven days. By not paying them wages on a weekly holiday and at the same time not allowing them to work on the said day, the employer will be forcibly depriving them of their livelihood in violation of Article 20 of the Constitution, thus rendering their action amounting to a layoff for which wages become payable under the Industrial Disputes Act also. Thus, the payment of wages is envisaged under labor laws where the employee is rested at the instance of the employer.
The concept of a weekly holiday is incorporated in the Factories Act and the Shops Act as a welfare measure to enable a worker who toils with a hammer and sickle for six days, needs rest at least for one day to recuperate and be ready for another six days of strain. The reason for paying them wages on a weekly holiday is to prevent them from going to work again for earning wages, as their means of livelihood is too frugal to sustain them and their family. Thus, how can a welfare legislation like the Factories Act deny payment of wages to a poor worker on a weekly holiday?
Therefore, a conjoint reading of the above sections and the welfare nature of the Factories Act affirms that a temporary worker who is paid wages on a monthly basis is entitled to a paid weekly holiday under Sec. 52 of the Act. The weekly holidays shall also be paid holidays for the same reasons under the Shops Act.
Regards,
B. Saikumar
HR & Labour Law Advisor
Mumbai
From India, Mumbai
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The Factories Act and the Tamil Nadu Shops and Establishments Act, with reference to which I have responded to your post, do not refer to a "permanent worker," "temporary worker," or "trainees." The Factories Act refers to an "adult worker," and the Tamil Nadu Shops and Establishments Act refers to a "person employed." When deciding on the issue raised by you, you have to take into consideration the definition of the term "adult" and the term "worker" as defined under the Factories Act and the definition of the term "person employed" as defined under the Tamil Nadu Shops and Establishments Act or any similar term used in any other Shops and Establishments Act in force in any other state.
Under the Factories Act, the working conditions prescribed therein are applicable to anyone who is a "worker" under that Act. As you have restricted your query to the Factories Act and the Shops and Establishments Act, I am not referring to the provisions of other laws relating to working conditions like the Plantations Labour Act or the Mines Act, etc.
With regards,
Regards
From India, Madras
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Under the Factories Act, the working conditions prescribed therein are applicable to anyone who is a "worker" under that Act. As you have restricted your query to the Factories Act and the Shops and Establishments Act, I am not referring to the provisions of other laws relating to working conditions like the Plantations Labour Act or the Mines Act, etc.
With regards,
Regards
From India, Madras
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Forms & Registers Andhra Pradesh Shops & Establishments Act 1988 & Rules 1990.xls
Maharashtra Shops And Establishments (Regulation Of Employment And Conditions Of Service) Act, 2.pdf