Dear Seniors and friends,
Under Section 52 of the Factory Act, one should have a holiday for a whole day on one of the three days immediately before or after the weekly off. My query is that if Mr. A has worked on the weekly off, i.e., on Sunday, and is supposed to take a holiday within 3 days, i.e., by Wednesday, but on Tuesday, there is a public holiday. In that case, can he or she take the rest on some other day instead of Wednesday? Please clarify the above.
Thank you.
From India, Mumbai
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7Under Section 52 of the Factory Act, one should have a holiday for a whole day on one of the three days immediately before or after the weekly off. My query is that if Mr. A has worked on the weekly off, i.e., on Sunday, and is supposed to take a holiday within 3 days, i.e., by Wednesday, but on Tuesday, there is a public holiday. In that case, can he or she take the rest on some other day instead of Wednesday? Please clarify the above.
Thank you.
From India, Mumbai
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Understanding Section 52 of the Factory Act
Section 52 states that if an employee is not given a weekly holiday due to any reason, they should be given a whole day of rest within three days of being denied such a weekly holiday. Therefore, if the second or third day is a holiday for the company, that day will be treated as their rest day.
The above provision applies only to casual daily-rated workers and not to regular workers. For regular workers, the day they remain on leave will be considered as a day worked for all purposes, including continuous work. Therefore, if a regular worker works on a scheduled weekly holiday, they will be entitled to double the rate of wages.
Regards, Madhu.T.K
From India, Kannur
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Section 52 states that if an employee is not given a weekly holiday due to any reason, they should be given a whole day of rest within three days of being denied such a weekly holiday. Therefore, if the second or third day is a holiday for the company, that day will be treated as their rest day.
The above provision applies only to casual daily-rated workers and not to regular workers. For regular workers, the day they remain on leave will be considered as a day worked for all purposes, including continuous work. Therefore, if a regular worker works on a scheduled weekly holiday, they will be entitled to double the rate of wages.
Regards, Madhu.T.K
From India, Kannur
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EMPLOYEES' COMPENSATION ACT - IMP- PROVISIONS IN TELUGU VERSION.pdf
FACTORY ACT 1948.xls