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saquib (Advocate)     29 September 2010

Compulsory Weekly Off

Dear All,

As per Sec. 52 of Factories Act (generated for your reference in
Blue Colour herein below) a worker in a factory is not allowed to work constantly for more than 10 days without a Compulsory Holiday (weekly off),
Factories Act Sec. 52. Weekly holidays. (1) No adult worker shall be required or allowed to work in a factory on the first day of the week (hereinafter referred to as the said day), unless--
(a) he has or will have a holiday for a whole day on one of the three days immediately before or after the said day, and
(b) the manager of the factory has, before the said day or the substituted day under clause (a), whichever is
earlier,--
(i) delivered a notice at the office of the Inspector of his intention to require the worker to work on the said day and of the day which is to be substituted, and
(ii) displayed a notice to that effect in the factory:
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.
In the light of above whether there is any provision for compulsory Holiday/weekly off for Persons/ Employees working in the commercial establishment for not to work constantly more than 10 days.

 



Learning

 4 Replies

mahesh pandey (Vice President)     29 September 2010

Hi..

Plz refer 2 Shops & establishment Act.

Tks

Mahesh

saquib (Advocate)     29 September 2010

Thanks, Shops & Establishment Act defines regarding Weekly Holiday for Establishments and daily & weekly working hours of employee however in case if the employee is working for more than the defined hours constantly in that case is there any specific Provision for Compulsory Off Day. 

Bayya Reddy (Legal executive )     30 September 2010

apart from the said Acts we have one more Act That is WEEKLY HALIDAY' ACT, 1942 you can refer this also for further clarifications.......

Kirti Kar Tripathi (lawyer)     02 October 2010

I agree with the opinions of above experts.


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