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Vikash Chandra (HR Manager)     22 September 2011

Weekly off

Dear Experts,

I understand that under section 52 of Factory Act, one weekly off is allowed after six days of working and it should be generally on the first day of the week i.e. Sunday but the same can be changed as per organisation's requirement. There is nothing regarding paid weekly off in this provision. But some organisation pay for the entire month i.e. weekly off is payable and there are few companies who doesn't pay for weekly off, only payment is made for 26 days of working. I want to know - is there any case law which says that weekly off has to be a paid holiday.

Vikash Chandra



Learning

 5 Replies

H. S. Thukral (Lawyer)     22 September 2011

A worker is required to work for 48 hours in a week and there has to be a holiday in week. Therefore 48 hours are to be adhusted in 6 days subject to limitations of continuous working hours. It therefore implies that the weekly holiday is a paid holiday. Law is clear on that.  

V. VASUDEVAN (LEGAL COUNSEL)     22 September 2011

The Law is very clear. Only the industry and particulaly the HR fraternity gets confused over the number in calculation - 26. When a wage/salary is paid monthly, the calender month of 30 is the multiple number. If a person works for 26 days in a calendar month (4 Sundays are on avg basis), the multiple factor is daily wage X 30. However, when a monthly wage is divided for a partial period, grautity etc., the divisible factor is 26. Suppost a persons works for 8days in a month the salary payable would be X (monthly salary)/26 x 8.

Vasudevan

Sundaram Kumar (Cheief Executive)     24 September 2011

Dear Sir

I am Post Graduate in Commerce and registered with the Income Tax Department as Income Tax Practioner. I have completed my B.A.L. degree with Annamalai University.  I know I cann't registere myserlf with Bar council. Shall I practice any legal service like getting stay order, filing write, like anything in any courts.

 

Kindly help me Sundaram Kumar M.A., M.Com., B.A.L email skskskv@gmail.com

laxminarayana (Advocate)     26 September 2011

Dear Vikash chandra

I agree with vasudevan.The company shall be punished if the weekly off wage not pay to the employee.

Sh. P Suresh (For To By Green Kindness Perpetuity Selfsustainability Always)     27 October 2011

Well, when viewed from universal scheme of things, the way God has created his universe, several aspects that are blown hot and cold in various courts, unions etc appear to be totally different. It pertains ALL aspects: Working hours, number of working days in a week, work, rewards, happiness etc, etc .

 

* governMINT pErmanents hardly work for 270 plus days (2/3rd). Some segments, colleges, courts etc work for less than half a year and take away FULL PLUS, PLUS, PLUS salary. Output is virtually NILL. A news item, "Supreme Court has more "Chuttis" than working days" will be of interest, https://news.vakilno1.com/2007/11/supreme-court-has-more-chuthis-than.html

 

* Some segments like watch and ward work for 365 days!!!!

 

The very scheme of classifiying mankind amidst universal constituents needs to be changed. All aspects should be based on accurate, reliable facts and figures. The new scheme of things should give adequate representation to all forms of life and not limit itself to mankind alone. It should take all aspects: Forms of life, resources available, rewards (output), work (expected contributions i.e. inputs) etc in its entirety and arrive at balanced rules, ways of livelihood; cause a new civilisation that will lead to a new "Era" itself. The concepts, modes that govern rules needs a review, rather a revamp.


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